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.
Explaining Annulment
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.
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.
FAQs
Yes, the Hindi Marriage Act allows for annulment in certain circumstances.
- You can't get married without consent from either of the parties
- If either of the parties was a minor at marriage, it is not legal to marry
- A marriage where one party was coerced or misled
These are just a few examples of cases where Indian courts have annulled marriages. The case must be filed within one calendar year of the wedding or the anniversary of the death of the spouse.
Annulment of marriage can be made in the following situations:
(i) The Spouse is incapable of procreating and it was disclosed before the wedding.
(ii). If the groom and the bride are Hindu kartas or under the Hindu marriage act, they are not eligible to marry each other.
(iii) If either the groom or the Bride were physically or mentally incapacitated or mentally impaired at the time of marriage.
Unless it is one of the above, annulment is usually not granted. Divorce proceedings must be filed.
Indian law does not provide a time limit for annulment or divorce proceedings.
India's Hindu Marriage Act specifically, provides different grounds for annulment. They do not overlap. This means that the other party has no other choice but to file a petition. If the grounds for the petition are not satisfied, the petition can be filed to annul the order.
Annulment signifies that the marriage has been annulled and that there was no legal relationship between the parties. Therefore, it has some advantages over divorce. Divorce is legal marriage for a period of time but then dissolved.
Yes, it is important to keep all divorce documents for later use. These documents will also protect you.
