An annulment of marriage is a legal declaration that a marriage was not valid in the first place. Furthermore, a marriage annulment is very different from a divorce, as an annulment of marriage refers to declaring a marriage void as if it never existed. At the same time, divorce is ending a valid marriage. There are various grounds for annulment of the marriage. Bigamy: If any one of the spouses was already married at the time of the second marriage. Consanguinity or Affinity: If the marriage between individuals is within prohibited degrees of relationships, for example, close relatives. Unsoundness of Mind: If any of the spouses was of unsound mind at the time of marriage. Force or Coercion: If the marriage was done under duress of any third party. Fraud: If one party obtained marriage through fraud of a material fact. Minor's Marriage: If the marriage was proceeding even after it being illegal, i.e. a marriage of minors. Lack of Consent: If one party did not give genuine permission for the marriage.
Section 12 of the Hindu Marriage Act, 1955, contains provisions for the annulment of marriage on the grounds like non-fulfilment of essential conditions that are prohibited under Section 5, i.e. bigamy, marrying in close relations. Furthermore, impotency, misrepresentation, and mental disorder are other grounds for the annulment of marriage.
The Special Marriage Act of 1954 governs interfaith and civil marriages, which require strict compliance with its provisions. The marriages registered under this act can apply for annulment of marriage on grounds similar to that of the Hindu Marriage Act, 1955.
Shariat (Muslim Personal Law) recognizes the concept of annulment of marriage or ‘Faskh’. The grounds for annulment are fraud or misrepresentation, the inability of the husband to fulfil marital obligations, and marriage violations according to Islamic Principles.
The annulment of Christian marriage is governed by this act and section 19 of the Indian Divorce Act of 1869. The grounds for annulment of marriage include bigamy, impotence, and marriage without proper consent.
There are several reasons for the Annulment of Marriage, some of which are mentioned below: Bigamy: If any one of the spouses was already married at the time of the purported marriage. Consanguinity or Affinity: If the marriage between persons is within prohibited degrees of relationships, for example, close relatives. Unsoundness of Mind: If any of the spouses was of unsound mind at the time of marriage. Force or Coercion: If the marriage was done under duress of any third party. Fraud: If one party obtained marriage through fraud of a material fact. Minor's Marriage: If the marriage was proceeding even after it being illegal, i.e. a marriage of minors. Lack of Consent: If one party did not give genuine permission for the marriage.
Any one of the spouses can file for the annulment of the marriage. But in exceptional cases like bigamy or marriage of minors, even the third party can file for the annulment of the marriage.
Annulment of the marriage refers to declaring that the marriage is void from the beginning as if it never existed. Divorce refers to ending a valid marriage.
After the annulment of the marriage the marriage was considered legally invalid and void. Further, issues related to child custody and support may still need to be addressed and the property rights also need to be re-evaluated after the annulment.
Yes, if one of the spouses contests the petition for annulment of the marriage and presents the evidence to support their evidence.
The evidence is critical in proving the ground for annulment of the marriage. The evidence might include documents, witnesses, testimonies, and other relevant records.
The time limit for filing the petition for the annulment of marriage might vary depending on the specific grounds for annulment and jurisdiction.