Indians have a different perspective of marriage. A marriage is believed to happen in up above the skies while formalized on the Earth. The opinion differs from religion to religion. While personal laws also govern marriages, India has a complete legal system in place to govern ending of a marriage. Generally you can end a marriage in two forms either by divorce or through annulment.
Both are different. While a divorce dissolves a marriage, annulment declares it null and void as if it never materialized in the first place. A couple which go through annulment returns to ‘single’ status.
We already know that annulment declares a marriage null and void. But there are different grounds to annul the marriage. Here is a rundown of those legal grounds.
- If marriage is not consummated. This can happen if either of the spouse is chronically unable to have sexual intercourse or is medically declared as impotent.
- Consent to the marriage is imperative without which a marriage can be annulled. If either of the spouse has not given consent at the time of marriage, this is ground for annulment.
- If either of the spouse is found to be suffering from a mental disorder at the time of marriage, legally he or she is not considered fit for marriage, and procreation of the next generation.
- You can annul a marriage if your spouse suffers from recurrent and persistent attacks of epilepsy or insanity.
- Last but the most important ground for annulment of marriage is marrying a girl or boy under the legal age which is 21 for males and 18 for females.
Annulment can be sought in void and voidable marriages. A void marriage is taken as invalid right from the start while a voidable marriage is valid unless one or both parties question its validity. Let’s take a look at voidable marriages.
Section 12 of the Hindu Marriage Act considers a marriage voidable if:
- Consent is based on fraud.
- Consent is forced through coercion or physical threat.
- If a material fact like age or criminal record is deliberately concealed.
- If the respondent is pregnant with a child of some other person, the husband can seek an annulment.
Divorce Lawyer Delhi Can Help You Get Through Annulment
Our lawyers can help if you are, unfortunately, on the verge of seeking annulment to your marriage. They take each case individually to make sure your rights are secured.