A marriage is considered "void" if either party was already legally married to another person at the time of the second marriage.

2)you can file petition for declaration that marriage is nullity as performed during subsistence of earlier marriage 

3)Since a bigamous marriage is void ab initio (from the beginning), there is no time limit for filing a petition to have it declared void.

4)For voidable grounds like fraud or coercion, a petition must typically be filed within one year of discovering the issue. 

Hi there! 

• The marriage can definitely be annulled on the ground of bigamy.
• There is no time limitation to file the petition for nullity of marriage on the ground of bigamy.
• If they get divorced and later she discovers the fact that he was already married, she may file another petition for the divorced decree to be changed into a decree of nullity.
• To the last part of your query, the question should have been is void and voidable marriage are different? Yes, void marriage and voidable marriage are different from each other. This is a fit case of void marriage. Voidable marriage has time limitation associated to it. A person interested to seek decree based on either void or voidable marriage, must file a petition for annulment/ nullity of marriage.

She can go for annulment immediately within 1 year of knowledge 

Under Hindu Marriage Act, 1955 (HMA), Section 5(i) prohibits a marriage if either party has a spouse living at the time of marriage.

Under Section 11, such a marriage is void ab initio (invalid from the start).

Therefore a petition to declare the subsequent marriage as null and void on the grounds of bigamy can be filed before the jurisdictional family court.

There is NO time limit to seek a declaration that a marriage is void on the ground of bigamyEven after divorce, if she later discovers that her husband had a prior surviving marriage, she can still file for nullity because:

A void marriage does not become valid due to divorce.

A declaration of nullity merely confirms that the marriage never legally existed.

Seek a decree of nullity in terms of Section 11 HMA as this marriage was solemnized in contravention of Section 5(i) of the HMA.

Since the factum/knowledge of bigamy has been derived now, move immediately under Section 11 and no need to wait for 1 year. 

Ans. 1. Yes. Marriage is Void. Under Section 11 of the Hindu Marriage Act (HMA), 1955, a marriage is void if either party had a living spouse at the time of the marriage. So, if your friend’s husband was already legally married in 2023, her marriage is automatically void in the eyes of law.

Ans. 2. Yes, she can file a petition under Section 11, HMA asking the court to declare the marriage null and void. This is not an annulment of a voidable marriage this is a declaration that the marriage never existed legally.

Ans 3. No.  There is no limitation period for filing a petition to declare a marriage void due to bigamy. The one year time limit under Section 12 applies only to voidable marriages, not to void marriages. A void marriage can be challenged anytime, even years later.

Ans 4.A decree of divorce does not prevent a party from later seeking a declaration of nullity if bigamy is discovered afterwards. Courts have held that a void marriage is void ab initio (from the beginning), so a nullity petition is still maintainable.

In addition to that, a criminal case for cheating, a case under U/Section 12 of the Domestic Violence Act and another case for maintenance may be filed.  

The legal options for your friend in this situation.

Annulment vs. Void Marriage for Bigamy

In this case, the marriage is not merely "voidable"—it is void ab initio (void from the beginning). A marriage where one party was already legally married to someone else at the time of the ceremony is considered null and void under Indian law (Section 494 IPC or 82 BNS and relevant personal laws like the Hindu Marriage Act, 1955). It creates no legal rights or obligations from the start.

Key Answers for Your Friend:

• Legal Option: She should file a petition in family court to have the marriage declared null and void. This is different from a divorce, which dissolves a valid marriage.

• Time Limit: There is no time limit for seeking a declaration of nullity on the grounds of bigamy. She can file the petition as soon as she discovers the fact, even many years later.

• Discovery After Divorce: If she obtains a divorce without knowing about the bigamy, she can still later seek a declaration that the marriage was void. This can be crucial for issues like the legitimacy of children or financial claims, as a void marriage may affect maintenance rights.

• Annulment vs. Voidable: An "annulment" is the legal process for declaring a marriage either void (it never existed, like in bigamy) or voidable (it can be annulled for reasons like fraud, coercion, or impotence, typically within one year of marriage). Bigamy falls into the first, more serious category.

She should immediately consult with a family law attorney to gather evidence of the first marriage and file the appropriate petition to have her current marriage declared null and void.

If your friend discovers that her husband was already married to someone else at the time of their marriage, the law is completely in her favour. Under Indian law, especially the Hindu Marriage Act, a marriage performed while one spouse already has a living husband or wife is not a valid marriage at all—it is treated as if it never existed legally.

She can file a petition in court to get a declaration that the marriage is null and void, because bigamy makes the marriage void from the very beginning. This is not the same as annulment—annulment applies to voidable marriages (such as those involving fraud, coercion, impotence, etc.). Bigamy is not a voidable marriage; it is a void marriage. That means the marriage has no legal standing from day one, even if she lived with him.

There is no time limit for filing a petition to declare the marriage void on the ground of bigamy. The one-year limitation applies only to voidable marriages, not to marriages that are void due to bigamy. This means she can file for nullity even after one year, even after several years, even if she has already separated.

Even if she gets a divorce now, and later discovers solid proof of bigamy, she can still file a case for declaration of nullity and also file a criminal complaint for bigamy. Divorce does not prevent her from later establishing that the marriage was never valid.

She also has the option to file a criminal complaint under Section 494 IPC (bigamy), and if there was cruelty, she can additionally file under Section 498A and the Domestic Violence Act. She can also seek maintenance or return of her stridhan if required.

If needed, I can help draft the declaration petition, the bigamy complaint and any legal notice she may want to send.If you wish to contact us, you may do so on https://qrco.de/syslaw

The second marriage can be annulled on the ground of suppression of the fact of a subsisting earlier marriage by filing a petition at the proper court through a competent lawyer. Annulment is declaring the marriage as null and void ab initio. A voidable marriage is one in which an option exists for either party to approach the court for declaring it null and void.

Dear Madam,

Below is a clear, legally accurate explanation 

1. If the husband already had a spouse alive at the time of marriage (bigamy)

Under Section 5(i) and Section 11 of the Hindu Marriage Act, a marriage is void ab initio (from the very beginning) if:

• Either party had a living spouse at the time of the marriage.

So in your friend’s case:

The marriage is automatically void in the eyes of law.

She does not need "annulment"; she should file a petition for declaration of nullity under Section 11 HMA.

The marriage is treated as never valid from day one.

2. Is there a time limit to seek nullity in a bigamy case?

NO TIME LIMIT.
There is no one-year or any time limit for filing a void marriage petition under Section 11.

Time limits apply only to voidable marriages under Section 12, NOT to bigamy.

So your friend can file the case anytime, even many years after the marriage.

3. Can she still get nullity if she already files or gets a divorce?

Yes, but with important distinctions:

If she has not yet filed for divorce

She should directly file a Section 11 petition (Nullity) instead of divorce.

 If she has already filed divorce

She can withdraw the divorce case and instead file for nullity.

 If she has already been granted divorce**

YES, the Supreme Court has held that a void marriage remains void even if parties mistakenly obtained a divorce.
She can still file a declaration of nullity because the marriage was never valid.

However, getting a nullity order after divorce is uncommon, but legally possible, especially in bigamy cases where public policy is involved.

4. Is bigamy also a criminal offence? (Yes)

Under Section 494 IPC (Bigamy) and Section 495 IPC (concealing a previous marriage):

• Husband can be jailed up to 7 years.

• She can file a criminal complaint anytime after she discovers the previous marriage.

The criminal case is separate from the family court’s nullity proceedings.

5. Difference Between: VOID Marriage vs VOIDABLE Marriage vs ANNULMENT

VOID Marriage (Section 11 HMA)

• Marriage is invalid from the beginning.

• Grounds include:

  • Bigamy (spouse alive when married)

  • Prohibited degree of relationship

  • Sapinda relationship

• No time limit.

• Order is called “decree of nullity”, not “annulment”.

• Either party OR the first wife can challenge it.

- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living.

- Further, the said marriage with the second wife without getting divorce from the first wife is not valid and attract Bigamy as per law. 

- Hence, this marriage can be declared invalid after filing a declaration petition before the Court on this ground. 

Bigamy can be filed for any any stage of the marriage. The marriage can be declared void but cannot be annulled. Annulment is not a written law in India but is read equivalent to void or voidable marriages. Considering the nature of your query, this marriage falls within the ambit of void marriage. 

The marriage is void ab initio (void from the beginning) on grounds of bigamy under Section 5(i) of the Hindu Marriage Act, 1955. It does not require annulment; however, one can file a petition for declaration of nullity.​

Key points:

• No strict time limit for filing nullity petition on bigamy ground.

• If divorced later, marriage can still be declared null if bigamy is discovered.

• Annulment applies to voidable marriages (valid until annulled), while bigamous marriages are void (invalid from start).

• Void marriage means no legal status or rights arise from that marriage.​

Dear Client,

For the sake of clarity, an annulment order is passed in voidable marriages where the marriage existed but ceased later on. Whereas, nullity is in cases of void marriages where the marriage never existed. Marriage can be declared void on the grounds of bigamy. There is no time limit to this. It is advised that you apply for a decree of nullity (formally declaring marriage null and void). Bigamy makes a marriage void (from the beginning). Hence, divorce cannot be used (ends a valid marriage); instead get an annulment decree.

I hope this answer helps you. For any further queries, please do not hesitate to contact us. Thank you.