Contravention of section 5 (i) (IV) AND (V)

S.11. Void marriages :- Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

So, if a party requires the marriage to be declared null and void, he/ she has to file a petition for the same and get it declared by the court.  Without court's order, the marriage will not be considered null and void automatically.

HINDU MARRIAGES

5. Conditions for a Hindu marriage.

5. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

(i) Neither party has a spouse living at the time of the marriage

 (iv.) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

11.Void marriages. Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party there to 4[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

Therefore the said marriage is void and in the eyes of law it is no marriage. It is not a case of  viodable marriage; therefore question of null and void does not arise. But it is suggested that a court's order will confirm the matter as a void one. For void marriage court's order not necessary. - akg

mr.S.sucitra is incorrect as the case falls under sec 11 and not sec 12of HMA. One have to pray under sec 11 only. A void marriage can not be decleared as null and void.

I agree with Suchitra!!!!1

Sorry I am bit late in joining you all due to personal egagement. With due respect to Suchitra and others, I am of the view that when a marriag is void abinitio it means the mrraige was no marriage from its inception, that is no marriage in the eye of law, but when a marriage is voidable ofcourse the aggrieved spouse to the marriage may approach the Court to anull it to give the stamp of snaping the marriage. But when the marriage is void it means there is no marriage in the eye of law, so what is the point of approaching the court to declare it as void when there is no marriage in the eye of law? I dont think court decree is necessary to say that it is no marriage when there is no marriage. Should a man or a woman go to the court for seeking a declaration that he is a man or a woman when in fact he is a man or a woman?

I am of the view that if a person wants to prove the marriage was void in the eyes of law, he needs to get it declared by court. Such circumstances amy arise in case of succession or inheritance.

Mr. Assumi and Mr. Sucharita you both are right.

Mr Assumi is right when he says "But when the marriage is void it means there is no marriage in the eye of law, so what is the point of approaching the court to declare it as void when there is no marriage in the eye of law? I dont think court decree is necessary ". 

 Mr. Sucharita is right on saying that "if a person wants to prove the marriage was void in the eyes of law, he needs to get it declared by court. Such circumstances may arise in case of succession or inheritance."

A court's order is more convincing and a confirmed one.     -akg