How to Get a Marriage Annulled in India

Annulment of marriage:

In legal terminology, annulment means to make a voidable marriage null. If a marriage is void ab initio, it is automatically null but it requires a legal declaration of nullity to establish the same. Therefore, through the process of annulment, a marriage is declared null and void. Such situation arises when certain legal requirements remains unfulfilled in the marriage. Therefore, such marriages do not have any existence in the eyes of the law. This process is termed as ‘annulment’.

Marriage Annulled vs Divorce:

By divorce, a legal marriage got terminated i.e. in divorce, it is considered that the spouses were legally married and then they take divorce to terminate their legal marriage and become divorcees. However, in case of annulment, the marriage never existed at all.

Types of marriage:

Marriage may be categorized into 3 types: valid, void and voidable.

a. Valid marriages:

These marriages are legal and recognized by law. Divorce is the only way to terminate legal marriage. According to Section 5 of the Hindu Marriage Act, a marriage can be considered as legal if:

1. Neither of them has a spouse living at the time of marriage;
2. It has been solemnized between two consenting adults, i.e. 18 years or above female and 21 years or above male;
3. Neither of them must be of unsound mind or have mental disorders to provide valid consent;
4. Neither of them is within the prohibited degrees of relationship;
5. Neither of them is sapindas of each other.

b. Void and voidable marriage:

If a marriage contravenes condition 2 and 3, it is voidable marriage whereas if it contravenes condition 1, 4 and 5 then it is void marriage. Along with condition 2 and 3, there are certain other grounds on which a marriage stands voidable which are:

1. Either party to the marriage is impotent;
2. The consent during the marriage was taken by force or fraud;
3. The party to the marriage is incapable of giving consent due to the unsoundness of mind;
4. The wife was pregnant with someone else’s child at the time of marriage.
   On the basis of any of these grounds, a suffering spouse can get an annulment from the court.

Important conditions for annulment:

One cannot file for annulment if:

a. One year has passed since the concerned fraud or force came to your knowledge;
b. If you were aware of the force and fraud but chose to stay with your spouse as husband and wife;
c. If you were aware of the wife’s pregnancy with someone else’s child and you still chose to marry her.

Procedure of getting an annulment in India:

1. Find a good divorce lawyer
   The first step is to approach the lawyer and ask whether you are eligible for annulment or not. If you are eligible then he will guide and help you.
2. Determine the place of filing the case for annulment
   In case of marriage annulment under the Hindu Marriage Act, 1955, a proceeding can be initiated under mentioned conditions:
   a. The place where you were married.
   b. The place where you and your spouse last resided together as husband and wife.
   c. The place where the wife is presently residing.
   d. In case of a presumption of death, i.e. If the spouse has been missing for up to seven years from the current residence. or it is uncertain where they are.
3. Provide all the details to your lawyer
   One must tell all material facts related to the case to the lawyer. Not doing so may render your lawyer in a difficult situation in the Courtroom as he may face some unknown facts for which he has not prepared.
4. Provide all the documents to your lawyer
   You must handover all the concerned documents to your lawyer as it help them build your case based on substantial evidence, thereby boost your claims.
5. File the annulment petition and be actively involved
   One requires being actively involved in the litigation through the lawyer. Situations may arise where your lawyer have to ask some details about the case from you as the case progress.
6. Get the annulment decree
   If you successfully prove your claim in the court, the decree will be issued in your favour. You can obtain a copy of decree of nullity from the court by paying the requisite fee.