Marriage annulment is a legal process that declares a marriage null and void. It treats the marriage as if it never happened, making it void from the beginning (void ab initio). This differs from divorce, which ends a valid marriage. Several laws in India govern annulment, each with specific grounds.
Grounds for Annulment Under Different Laws
Various personal laws in India outline the conditions under which a marriage can be annulled. Here’s a breakdown:
The Hindu Marriage Act, 1955
This Act specifies conditions for a valid Hindu marriage. If these conditions are not met, the marriage can be declared void. Grounds for annulment include:
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Impotency: If one party is unable to consummate the marriage due to impotency.
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Contravention of the Act: If the marriage violates the provisions of the Hindu Marriage Act.
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Consent Obtained by Force or Fraud: If consent was obtained through force or fraud regarding the nature of the ceremony or material facts about the other party.
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Pre-Marriage Pregnancy: If the bride was pregnant by someone else at the time of the marriage.
The Special Marriage Act, 1954
This Act allows either party to seek annulment on the following grounds:
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Refusal to Consummate: If a party refuses to consummate the marriage.
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Pre-Marriage Pregnancy: If the wife was pregnant by another man at the time of the marriage.
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Fraud, Misrepresentation, or Coercion: If consent was obtained through fraud, misrepresentation, or coercion, as defined under the Indian Contract Act, 1872.
Parsi Marriage and Divorce Act, 1936
Under this Act, a marriage can be annulled if consummation becomes impossible due to unforeseen or natural circumstances.
Indian Divorce Act, 1869
This Act allows for a decree of nullity on these grounds:
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Impotence or Lunacy: If one party is impotent or of unsound mind.
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Prohibited Relationships: If the parties are within prohibited degrees of consanguinity (blood relation).
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Existing Marriage: If one party had a subsisting marriage at the time of the current marriage.
Rights of Children in Annulled Marriages
Children born from an annulled marriage are considered legitimate. However, their inheritance rights are limited to their parents’ property. They can claim a share in their parents’ estate but not ancestral property, unless it falls within their parents’ share.
Time Limit for Filing an Annulment Petition
Generally, a petition for annulment must be filed within one year of the marriage. However, if the annulment is sought due to fraud, the petition can be filed within one year of discovering the fraud.
Jurisdiction for Annulment
A petition for annulment can be filed in the court within whose jurisdiction:
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The marriage was solemnized.
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The couple last resided together.
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The wife is currently residing.
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The petitioner is currently residing.
Procedure for Annulment
The process involves:
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Filing a Petition: The party seeking annulment must file a petition in the appropriate court.
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Meeting Legal Requirements: The court will assess whether the grounds for annulment, as stipulated in the relevant Act, are met.
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Decree of Annulment: If satisfied, the court will grant a decree of annulment, declaring the marriage null and void.
Grounds for Rejection of Annulment Petition
A court may reject an annulment petition if:
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It is filed more than one year after the force or fraud ceased to exist or was discovered.
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The petitioner continued to live with the other party as husband or wife after the force or fraud ceased or was discovered.
Indian personal laws provide specific grounds for declaring a marriage null and void. Parties seeking annulment challenge the validity of the marriage from its inception. Children from such unions are considered legitimate for property rights from their parents. Understanding the grounds, procedures, and limitations is crucial for anyone considering marriage annulment.