Under the Hindu Marriage Act, 1955, a decree of nullity of marriage in case of voidable marriages…

While a voidable marriage under Section 12 of the Hindu Marriage Act, 1955 remains valid and subsisting unless and until a decree of nullity is passed, once the court grants a decree of nullity, it operates retrospectively to annul the marriage ab initio, i.e., from the date of marriage. By contrast, a decree of divorce under Section 13 dissolves a marriage prospectively from the date of the decree. Section 16(2) carves out a specific statutory fiction to protect the legitimacy of children conceived or born before a decree of nullity is made, treating them as if the marriage had been dissolved at the date of the decree rather than annulled from inception.