Annulment of Marriage

Annulment of Marriage

LegalKart Editor
LegalKart Editor
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Last Updated: Apr 9, 2024

An annulment brings a marriage to an end legally. The marriage can end through annulment for varied reasons such as,  failure to meet legal criteria at the time of marriage. The marriage is not regarded valid if certain legal prerequisites are not satisfied at the time of marriage. An annulment of such a marriage is granted by authorities that never existed in the eyes of the law because specific legal requirements that are required to make a marriage lawful were not met. A pre-requisite of annulment is to determine, whether the existing marriage is valid. An annulment decree dissolves the marriage. 

You may also read Divorce Law in India

Annulment with Child

Section 21 of the Indian Divorce Act, deals with marriages where there is a child and the parents want their marriage annulled. It states that if a marriage is annulled on the ground that the spouse married a second time, in good faith, believing that their former spouse was dead or when a marriage is annulled on ground of insanity, the children born before the decree of annulment is made, shall succeed in the same manner as legitimate children to the property of their parent.

Void Marriage

A void Marriage is such which is considered void from the very beginning of the marriage i.e. that it never took place. They have no corresponding legal duties, such marriages do not require any court decree to be said as null and void even if the Court passes a decree it only declares the marriage as void.

In a Void Marriage

  • The wife cannot claim the right to maintenance.
  • The spouses do not assume the status of husband and wife, as there was no marriage at all
  • There is no requirement of a decree of nullity however there may be the need of a declaration.
  • In the eyes of law there is no marriage at all.
  • The children under the Void marriage are considered legitimate.

You may also read Child Custody Law in India

Under Hindu Marriage Act

Void marriages are those which do not follow the conditions set out in section 5 of the HMA.

Bigamy-  If any of the party has another living spouse at the time of the marriage.

Prohibited degree- If the parties are under a prohibit relation until the customs allow it.

Sapindas- Parties who are related to the same family.

Under Muslim Law

Void Marriages are-

Marriages Forbidden by the rules of blood relationships

Marriages with the wife of anther or a divorced wife during iddah period       

Voidable Marriage

Voidable marriage is when it is on the parties to annul the marriage or to keep it, the marriage can be made void by the competent court.

In Voidable marriages-

The wife has the right to claim maintenance.

Husband and wife have the status in the voidable marriage.

The decree of nullity by the competent court is required.

You may also like to read Separation Agreement
 

Under Hindu Marriage Act, 1955.

Grounds of Voidable Marriage Are-

  • If due to unsound mind the party is incapable of giving consent for the marriage
  • Any party suffering from a mental disorder such that it makes it unfit for reproduction of children
  • If party has been suffering from recurrent insanity attacks.
  • If there is an amount of force or fraud behind the consent obtained for the marriage.
  • If the Groom is under 21 years of age or the bride is under 18 years f age, i.e. parties are not of the suitable age.
  • If the wife while marrying was pregnant with the child of some other person than the groom.

There are very similar ground mentioned under the different laws, e.g. the Indian Divorce Act 1869 for christians, Under Special Marriage act for those marrying under the law.

 

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