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Hindu Marriage Act,1955

Act No : 25


Section : Void marriages.

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 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.


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Prakash Yedhula wrote on 02 May 2009

The expression “either party thereto” as used section 11 means only the actual parties, to the marriage. The expression does not include any third party.-Suresh Kumar v. Smt Asha Rani 1993 (1) HLR21 .Where the decree of nullity has been granted by the High Court, question does not arise of the marriage being again declared a nullity by confirming the decree passed by the District Judge.-Thomas Cherian v.Nisha Thomas AIR1993 Ker 19