Annulment of Marriage - A Comprehensive Guide to Nullifying Unions

Discover valid reasons for the annulment of the marriage. Understand the annulment of marriage through this step-by-step guide to voiding a marriage Talk to legal experts

Annulment of marriage - Legally voiding a marriage as if it never existed

A marriage annulment is very different from a divorce, let's know how.

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.

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Laws governing the Annulment of marriage

In India, there are various different laws that govern the Annulment of Marriage

Hindu Marriage Act, 1955

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.

Special Marriage Act, 1954

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.

Muslim Personal Law

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.

Christian Marriage Act,1872

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.

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Frequently Asked Questions

If you need more clarity on the laws related to annulment of marriage , explore these FAQs to find your answers. We are here for you
What are the grounds for Annulment of Marriage in India?

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.

Who can file the annulment of 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.

What is the difference between annulment and divorce?

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.

What are the consequences of an annulment of the 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.

Can the annulment of the marriage be contested?

Yes, if one of the spouses contests the petition for annulment of the marriage and presents the evidence to support their evidence.

What is the role of evidence in an annulment case?

The evidence is critical in proving the ground for annulment of the marriage. The evidence might include documents, witnesses, testimonies, and other relevant records.

What are the time limits for filing an annulment petition?

The time limit for filing the petition for the annulment of marriage might vary depending on the specific grounds for annulment and jurisdiction.