Making the big decision to seek an annulment is never easy, as difficult situations often lead to the complete cancellation of a marriage. Our lawyers bring extensive expertise in helping clients navigate this legal process, ensuring that their union is declared as something that never happened. In India, the perspective on marriage varies, with some believing it is made in the skies and only formalized on Earth.
While religion and personal laws play a role, a strong legal system exists to govern the ending of a marriage. One can end a union in two forms either by divorce, which dissolves the bond, or by annulment, which renders it null and void, as if it never materialized in the first place. Those who undergo this process regain their single status, legally and socially, allowing them to move forward without lingering legal ties.
Annulment Explained
A legal expert specializing in annulment ensures that a marriage is declared null and void based on the different grounds recognized by law. Whether due to lack of consent, a spouse being medically declared impotent, or suffering from a mental disorder, an annulment lawyer guides individuals through the process. If one party is chronically unable to engage in sexual intercourse, or if the marriage involves someone under the legal age of 18 for females or 21 for males, annulment can be sought.
In cases of recurrent epilepsy or insanity, the lawyer ensures the marriage is dissolved effectively. A void marriage is invalid from the start, while a voidable one remains valid unless legally questioned. With expertise in proving validity, fit conditions, and safeguarding the next generation, an annulment lawyer plays a crucial role in securing justice.
Marriages That Are Voidable
Under Section 12 of the Hindu Marriage Act, certain unions are considered voidable, meaning they can be challenged in court under specific circumstances. If consent was obtained through fraud, forced under coercion, or given under a physical threat, the marriage can be annulled.
A spouse can also seek annulment if a material fact such as age or a criminal record was deliberately concealed before marriage. Additionally, if the respondent was already pregnant with a child from another person at the time of marriage, the husband has the legal right to seek annulment.
FAQ About Marriage Annulment in India
Divorce vs. Annulment: What’s the Difference?
In simple terms, divorce is a legal process where either the husband or wife files a petition to legally end their marriage. In contrast, marriage annulment is a legal declaration that the marriage never existed due to specific conditions such as forced marriage, a false marriage ceremony, or an abduction marriage. This fundamental distinction makes annulment different from divorce, as it treats the union as if it never happened.
What Are the Legal Grounds for Annulment in India?
In India, a marriage annulment can be sought if specific legal conditions are met, proving that the union was never valid. Grounds for annulment include fraud, coercion through threat, unsoundness of mind, mental disorder, venereal disease, impotence, or bigamy (when one spouse is already married). If any of these factors apply, a petition can be filed to declare the marriage null and void.
Is It Possible to Contest an Annulment in Court?
Yes, a marriage annulment can be challenged in court. The spouse seeking annulment must present evidence to justify their claim, while the other spouse has the right to contest the grounds by providing counterarguments or evidence to dispute the claim. The final decision rests with the court, which evaluates the validity of the petition.
Is There a Deadline to File for Annulment in India?
Yes, there is a time limit for filing a marriage annulment in India. While it is rare for a court to grant annulment after a long marriage, it is generally possible within a few years of the marriage. Acting promptly strengthens the case and improves the chances of success in court.