Annulment of Marriage: How-to Guide on Conditions, Procedure and Laws in India
Anannulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid.
The declaration of a voidable marriage as null is annulment of marriage. Compared to divorce, annulment completely erases the marriage while divorce doesn’t. The process makes the marriage null and void as if there was no marriage in the first place. Such annulment of marriage petition can be filed under the Section 12 of Hindu Marriage Act.
Difference of Annulment of Marriage from a Divorce decree
While divorce ends a legal marriage, annulment removes all records, or a pre-existing marriage declaring it to be void and null. In other sense, as if the marriage never happened. In addition, divorce procedure, whether it is mutual consent divorce or contested divorce, takes more time depending upon the case complexity and parties settlement agreement. However, in the case of annulment of marriage, the procedure can be faster if the proper evidence can be produced for the grounds given for annulment of marriage.
Conditions/Grounds for Annulment of Marriage
- Already married before.
- Too young.
- Under influence of drugs/alcohol.
- Mentally incompetent to marry.
- Approval based on a fraud/force.
- Physically incapable (or sexually incapable) of marrying
- Prohibited by law due to relationship between the parties
- Life imprisoned
When Annulment of marriage may not be applicable
If the spouses have been living together for more than a year, or has been found living together even after filing for annulment, an annulment of marriage petition may be rejected. However, annulment of marriage can be filed within 60-90 days of marriage. An expert divorce lawyer can help with the process of annulment of marriage efficiently, and promptly. We offer consultation for all who want to file for annulment of marriage and clear the path of affidavits, proof, formats and petition filing, while the client can save from more emotional burden than already been put under.
IS MUTUAL CONSENT REQUIRED FOR ANNULMENT OF MARRIAGE
Annulment of marriage need not require the consent of other party. The consent may be taken in mutual divorce only.
FAQs on Annulment of Marriage
FAQ on Annulment of Marriage
You can file for annulment of marriage if the marriage is not consummated due to impotency, concealment or fraud, mentally incompetent to marry, prohibited by law and so on.
You can file such an annulment petition u/s 12 of HMA or file a contested divorce against him/her on the ground of cruelty u/s 13(1)(ia) of HMA.