As per Legal terminology, the term annulment refers making a marriage null
and void/voidable; in case the marriage is void ab initio (which means the
marriage is considered to be invalid from its inception), then it shall be
automatically null, even though the statement of nullity is required to be
Annulment is a legal process for declaration of marriage null and void. It can
only be stated null and void if there are certain legal requirements were not
met at the time of the marriage and then it is considered to have never existed,
legally. Such a process is known as annulment which is very different from
divorce. The clear distinction between annulment and divorce is that the
annulment refers to the marriage which never existed at all whereas the divorce
dissolves the marriage.
Grounds for annulment The grounds for a wedding annulment are varied to the
various jurisdictions but are limited to fraud, bigamy, blood relationship, and
mental incompetence and includes the subsequent situations as well
- Any of the spouses was already married to someone at the time of the
- Any of the spouses was young to induce marriage or marries without the
consent of parents/court;
- Any of the spouses was under the influence of medicine or alcohol at the
time of the marriage;
- Any of the spouses was mentally incompetent;
- If the consent was obtained through fraud or force;
- Any of the spouses was physically incompetent to induce married
(basically he's unable to possess sexual intercourse);
Void Marriages: How can it's annulled?
As per Section 11 of the Hindu Marriage Act, 1955, which deals with void
marriages described because the marriage solemnized after the commencement of
the Act shall be null and void and become null and void by presenting a petition
through any of the parties supporting the above-mentioned grounds.
Who can seek Annulment?
Any party to the wedding can file an application for the annulment for
declaration of the wedding as null and void. However, this is often just a
procedure to be brought on record before the court and is finished as a
precaution in order that within the future, no doubt of void marriage will be
Voidable Marriages: How can or not it's annulled?
A voidable marriage is essentially a legal marriage which will be canceled by
anybody of the parties to the wedding and is contested within the court on the
premise of the below mentioned follows: No consummation of marriage thanks to
incapacity of the partner Any of the spouse didn't provide the free consent to
that or within the consequence of mistake, unsoundness, etc.
Any of the spouses could be a mentally disordered person but has given the valid
consent for marriage which person falls under the ambit of the Mental Disorders
Ordinance 1952 Act.; Any of the spouses are plagued by Venus's curse which is
during a communicable form; The wife is pregnant with another person at the time
Who can seek Annulment? Below are the parties who can file the petition before
the concerned court for the annulment of the marriage: In case the petitioner
gives any consent for quite a year after the fraud committed by the opposite
In case, the wife is pregnant with another person at the time of marriage and
also the person to the wedding isn't conscious of the happening.
Annulment Process Basically, the method of annulment of marriage isn't a
standard process therefore an individual applying for the annulment should meet
the residency requirement where he/she is staying. Thereafter the person can
file the petition where he was born, the wedding was solemnized, or has been
inhabited and should stay for a continual 90 days period before applying.
The procedure for the annulment is sort of like the divorce proceedings and
might be filed by any party. However, divorce is taken into account to be the
foremost complicated process as compared to the annulment. Legitimacy of
youngsters after the Annulment of Marriage: If a baby is born out of wedlock
which is subsequently declared to be null and void, that child won't be
considered illegitimate but he shall be considered legitimate despite the
wedding being illegal from its inception. The section provides a cushion to the
youngsters of void marriages and prevents them from being bastardized.
Rights of youngsters to Property Inheritance after Annulment of Marriage The
status of legitimacy, that's declared by section 16, is an element of the
incidence of birth. The children born during a void or voidable marriage should
be legitimate. If they were declared legitimate, then they can't be
discriminated against and that they are on a par with other legitimate children
and be entitled to all or any the rights within the property of their parents,
both self-acquired and ancestral.
Right of Claiming Maintenance by a girl after Annulment of Marriage Unilateral
divorcees (wives) whose marriages stand terminated by acts of their husbands and
persons whose marriages are terminated by intervention of Courts at the instance
of either spouse, are certainly included within the sweep of the inclusive
definition of "Wife".
The Legislature by the bold intervention included women of such terminated
marriages also within the sweep of the expression "wife" subject to a crucial
condition that they must not have re-married. The issue of the correct to
maintenance under Section 25 of the Act, to a lady whose marriage is in
contravention with Section 5(i) of the Hindu Marriage Act 1955, and has been
declared null and void by a court has been faced by various High Courts yet
because the Supreme Court, and also the courts have given different views
depending upon the facts and circumstances of every case.
Thus, such children would be regarded in law as legitimate children of the
oldsters for all purposes including succession. In Sarda Ram v. Durga Bai, it's
now established that such children can inherit the separate property of their
father under Section 8, Hindu Succession Act, but couldn't lay any claim on the
coparcenary interest of the daddy.
Son of such a wedding has no birthright within the Hindu Joint family property
Another important question that usually arises is whether or not the wife whose
marriage is void under section 11 of the Act can claim maintenance from her
husband of that void marriage.
The Supreme Court has held that where a wedding is void, a wife cannot claim
maintenance under Sec. 488 CrPC, sec 125 under the Act of 1976. However, it's a
generally accepted rule that even in such cases, the wife is entitled to
maintenance under sec. 18 of the Hindu Adoptions and Maintenance Act,1956 and
also under section 24 of the Hindu Marriage Act 1955.
Conclusion: There are two ways to legally end a wedding (a) annulment (b)
divorce. It may be initiated by either the husband or the wife within the
marriage. A wedding that's void at the start doesn't alter or affect the status
of the parties nor does it create between them any rights and obligations which
must normally arise from a sound marriage apart from such rights as are
expressly recognized by the Act. Avoidable marriage remains valid and binding
and continues to subsist for all purposes unless a decree is lapsed the court
annulling the identical on any of the grounds mentioned in Section 12.
Award Winning Article Is Written By: Mr.Yash Vikram Singh
Authentication No: AU122155758830-09-082