Marriage is a very tough decision in life, and once you marry someone, it becomes impossible to get your single status back. Even if you get separated from your spouse, you will be called divorced, not single. But sometimes we just get stuck in situations where we get married but don’t want to, or there is a situation where we just can’t escape from marriage at that time. If something like that happens to you in India, you can file for legal marriage annulment in court, which makes your marriage invalid and you will be single again. In this article, we will discuss more about marriage annulment.
What is Annulled Marriage?
A marriage annulment is a legal process where you can file a petition in court to declare your marriage invalid from the beginning as if it never happened in the first place. If the court accepts your petition and declares your marriage invalid, you will legally obtain single status, which proves that you have never married anyone before. This is completely different from divorce.
Advantages of Marriage Annulment in India Compared to Divorce
- Grants “Single” Status: Marriage annulment grants you single status compared to divorce. If you divorce, you will be called “divorced,” but after annulment, you will be legally “single” as your marriage never happened in the first place.
- No Societal Stigma: In India, if you get divorced, society treats you differently. But in marriage annulment, it’s not a problem — society and people treat you like usual, with no “divorced” status stigma.
- Fast Legal Process: Marriage annulment is a lot faster than the standard divorce procedure in India. Courts can grant judgment faster.
- No Maintenance/Alimony: You won’t have to pay any settlement amount to your spouse, as the marriage never happened in the first place.
Grounds for Annulment of Marriage in India
Your case must have legal grounds under Section 12 of the Hindu Marriage Act before filing a petition for marriage annulment. The following are the common grounds for annulment of marriage in India:
- Non-consummation of Marriage: Due to impotency or vaginismus. The disease must be incurable if it’s curable, your petition will be rejected unless your spouse also agrees to the marriage annulment.
- Lack of Valid Consent: Invalid consent in marriage refers to situations where one partner’s agreement to marry was obtained through fraud, coercion, or misrepresentation. This includes hiding critical facts like being already married, suffering from serious illness, infertility, or using a fake identity. Consent is also invalid if given under pressure or threats, or if key personal details like criminal history, financial status, or intentions were deliberately misrepresented. Such cases can be valid grounds for marriage annulment in India.
- Mental Illness or Unsoundness of Mind: If your spouse was mentally ill during the marriage or unconscious during the ceremony, it will be considered that the marriage happened without his/her willingness. This is a valid ground for marriage annulment.
- Marriage Below the Legal Age: Bride and groom must be legally aged at the time of marriage, which is 21 for boys and 18 for girls according to Indian law. If they were underage when married, they can file a petition for marriage annulment.
- Pregnancy by Another Man: If you find your wife pregnant after the marriage and she was pregnant by another man before marriage, and this was not disclosed to you, you can file for annulment on the basis of fraud/misrepresentation.
These grounds fall under voidable marriages, meaning they are legally valid until annulled by either of the spouses. On the other hand, void marriages (like bigamy or incestuous marriages) are considered invalid from the start.
Cancellation of Marriage: How It Works
If you believe your marriage meets the legal conditions, you can file a petition for either divorce or marriage annulment in a family court. A lawyer can guide you through evidence collection and legal procedures of divorce and marriage annulment.
How Long Does It Take for Annulment of Marriage in India?
The marriage annulment process is usually faster than divorce and can take 3 months to 1 year, depending on the complexity of the case and court proceedings. A faster decision is possible if all evidence is clear and the case is uncontested.
Act Fast — Always Consult with a Lawyer
Marriage annulment is a very time-sensitive matter. If you delay even a single day after knowing the truth, there is a high chance the court may reject your petition for annulment due to the delay, and you will be left with only one choice — to divorce your spouse. So always act fast in legal matters, and more importantly, always consult with a professional divorce lawyer before filing a petition.
FAQs
In simple terms, divorce is a legal procedure where either the husband or wife files a petition to end their marriage. On the other hand, marriage annulment is a legal term used when the petitioner proves that the marriage never existed due to conditions such as forced marriage, false marriage ceremony, or abduction marriage. This is the main difference between divorce and marriage annulment.
The grounds for annulment of marriage in India include fraud, coercion (by threat), unsoundness of mind, mental disorder, venereal disease, impotence, and bigamy (being already married). If one of these conditions is met, one can file for a marriage annulment.
Yes, an annulment can be contested in court. The spouse who is seeking to have the marriage annulled must provide evidence to support their claim, and the other spouse may contest the grounds for annulment or present evidence to dispute the claim.
Yes, there is a time limit for filing for annulment of marriage in India. Remember, it is very rare for a court to grant you an annulment after a long time of marriage, but it is generally possible within a few years of the marriage.
