Annulment Of Marriage


A party can seek annulment instead of a divorce. There are certain circumstances that the court allows wherein the parties to a separation will not be labelled ‘divorcees’ but the legal position of the Courts will be such that the marriage has not even taken place as it is void ab initio or null from the beginning. If the petitioning party is successful in their case, they can prove that the marriage had not even taken place or it was a void marriage. Under the Indian statutory laws there are grounds available for it to be called as a void marriage or reasons of annulment. There is a petition which is needed to be filed before the Honorable Family Court for the said process of annulling the marriage as per law.

In India, a marriage can be annulled if the marriage has been solemnized under fraud or coercion or where one of the spouses is already married. Several other grounds for annulment include the age of the party, the spouse was under the influence of drugs or alcohol, the spouse was mentally incompetent, consummation of marriage is physically incapable, are just some of the grounds for an annulment.

An annulment is a legal procedure for declaring a marriage null and void. A marriage can only be declared null and void if certain legal requirements are not met at the time of the marriage. The marriage is thus considered to never have existed in the eyes of the law. It is different from a divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. An annulled marriage is considered to never have existed.

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