ANNULMENT OF MARRIAGE MEANING
Annulment of marriage is a legal provision for declaring a marriage null and void marriage. In India sometimes due to force or undue influence or fraud in unavoidable circumstances marriages happens. After some year spouse realize it was mistake or try to find out ways to get rid of the forceful relationship. Most of the time parties want to avoid stigma of divorcee because they feel that the relationship in which they were in was not at all marriage and annulment of marriage is way to avoid burden of Divorce. In simple term if you married with person but it was never consummated. Will you call it marital relationship or you are married??? You will go for unconsummated marriage annulment.
Annulment of marriage is tool to declare nullity of marriage and declare it null and void marriage. It is indirectly called cancellation of marriage.
Annulment law is not easy to understand. You have to give the concert proof and only in specific circumstances wherein court applies strict terminology and declare annulment. Here team of Shreeyansh Legal comes for help with their best divorce lawyer. Citizens can avail our specialized services in the matters of matrimonial and family matters.
ANNULMENT OF MARRIAGE INDIA :
Marriage in India can also be dissolved by means of Annulment. Procedure for annulment of marriage is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case. Spouse can file the petition on these e grounds for getting a marriage annulled.
Once annulment is granted by the Indian Court, status of the parties remains as it was prior to the marriage.
ANNULMENT IN HINDI :
GROUNDS FOR ANNULMENT
THE FOLLOWING ARE THE GROUNDS FOR ANNULMENT OF MARRIAGE UNDER THE HINDU MARRIAGE ACT, 1955.
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IMPOTENCE
If marriage could not be consummated due to impotency of parties.
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UNSOUND MIND
If the person incapable of giving consent for marriage due as suffering from unsoundness of mind .
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MENTAL DISORDER
A person not capable of performing marriage, consume marriage, for giving birth to children due mental disorder.
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INSANITY
If person suffers from attacks of insanity repeatedly.
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FORCE /FRAUD
If the consent of the person obtained by fraud or force.
- PREGNANCY
If at the time of marriage bride is pregnant by some other person.
Apart from abovesaid grounds for annulment of marriage hindu marriage act, Grounds for annulment of marriage in India are governed under personal laws.
MARRIAGE ANNULMENT PROCEDURE IN INDIA
Following are the steps to be followed in annulment procedure –
- Contact divorce lawyer.
- Meet and give the details and evidence if you are having any of the above given grounds for annulment of marriage.
- Divorce lawyer will draft a petition for annulment of marriage .
- On approval of petition for annulment of marriage, lawyer will file the Petition in court.
Petition for annulment of marriage can be filed in the family court which jurisdiction covers any of the following prerequisites :
- The place where marriage is solemnized.
- The place where husband and wife last resided together.
- The place where husband is residing after separation.
- The place where wife is residing after separation.
Make sure that husband and wife should be living together and have to stay for continuous period of 90 days before filing the petition for annulment of marriage in court.
References and more to read :
- CONTESTED DIVORCE
- MUTUAL DIVORCE
- MUTUAL DIVORCE PROCEDURE IN MARATHI
- DIVORCE LAWYER
- MAINTENANCE FOR WIFE
NULLITY OF MARRIAGE AND DIVORCE :
Divorce means legal dissolution of a valid marriage when the spouse wants to terminate the marriage. annulment of marriage is declaring marriage null and void and annul it and to held that valid marriage did not take place at all. Grounds for divorce are desertion, cruelty, adultery, and mental illness. Fraud, pregnancy of wife by person other than the husband, impotency prior to the marriage are grounds for annulment of marriage.
Source – H. Van Smith
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