ANNULMENT OF MARRIAGE

Annulment of Marriage

What does marriage annulment entail?

In precise legal terms, annulment pertains specifically to the nullification of a voidable marriage; if a marriage is void ab initio, it is automatically null, albeit requiring a legal declaration to establish this fact.

Annulment constitutes a legal procedure for declaring a marriage null and void. Except in cases of bigamy and failure to meet the minimum age requirement for marriage, annulments are infrequently granted. A marriage may be declared null and void if certain legal prerequisites were not fulfilled at the time of its formation. When these prerequisites are lacking, the marriage is deemed to have never legally existed. This legal process is termed annulment. Unlike divorce, which dissolves an existing marriage, an annulled marriage is considered to have never existed at all. Therefore, unlike divorce, annulment is retroactive: it renders the marriage void from its inception.

Reasons for seeking an annulment of marriage

The reasons for a marriage annulment can vary depending on legal jurisdictions, but commonly include instances of fraud, bigamy, consanguinity, and mental incompetence. These grounds encompass:

1. Prior Existing Marriage: If either spouse was already married to someone else at the time of the marriage in question.
2. Underage Marriage: If either spouse was too young to marry, or underage without required court or parental consent. In some cases, the marriage may still be valid if it continues beyond the younger spouse reaching marriageable age.
3. Incapacity Due to Substance Influence: If either spouse was under the influence of drugs or alcohol at the time of the marriage.
4. Mental Incapacity: If either spouse was mentally incompetent at the time of the marriage.
5. Consent Obtained through Fraud or Force: If consent to the marriage was obtained through fraud or force.
6. Physical Incapacity: If either spouse was physically incapable of marriage, typically due to chronic inability to engage in sexual intercourse.
7. Prohibited Relationship: If the marriage is prohibited by law due to the relationship between the parties, known as the “prohibited degree of consanguinity.” This often involves close relatives such as first cousins or in some jurisdictions, even second cousins.
8. Prisoners Sentenced to Life Imprisonment: Prisoners serving life sentences are typically prohibited from marrying.
9. Concealment: If one of the parties concealed pertinent information such as a drug addiction, prior criminal record, or having a sexually transmitted disease.

How Does an Annulment Differ From a Divorce?

Divorce and annulment serve different purposes in the legal dissolution of a marriage. While divorce ends a valid marriage, annulment declares the marriage null and void, as if it never existed. It’s important to understand that the two are distinct processes and not interchangeable. Annulment typically presents more stringent criteria and may be more challenging to obtain compared to divorce.

Though divorce has become widely accepted in contemporary society, some individuals still perceive it as socially undesirable. For those individuals, annulment may be preferred, with divorce considered a last resort. Additionally, there are individuals who pursue annulment for religious reasons.

In today’s legal landscape, meeting the qualifications for divorce is typically more feasible than meeting those for annulment. Consequently, the decision of which path to pursue may be dictated by the legal circumstances rather than personal preference.

When is it possible to annul a marriage, and how can an individual ascertain their eligibility for annulment?

An annulment of marriage is only granted when the law deems the marriage as either “void” or “voidable.” To ascertain this, a careful examination of the circumstances surrounding the marriage is imperative.

It’s crucial to understand the distinction between a “void” and a “voidable” marriage. A void marriage automatically qualifies for annulment as it is founded on an illegal act. Conversely, in a voidable marriage, legal grounds for annulment may exist, but the marriage remains valid unless one of the spouses petitions for annulment.

The primary consequence of an annulment is the nullification of the marriage. However, there may be additional ramifications to consider.

Basis of An Annulment

Section 5 of the Hindu Marriage Act 1955 outlines specific conditions that must be met for a Hindu marriage to be valid. These conditions apply to marriages between two Hindus and must be fulfilled in accordance with the provisions of this Act.

Section 5 Condition for a Hindu Marriage

A marriage between two Hindus can be solemnized if the following conditions are fulfilled:

1. Neither party has a living spouse at the time of the marriage.
2. At the time of marriage, neither party:
– Is incapable of giving valid consent due to unsoundness of mind.
– Though capable of giving valid consent, has been suffering from a mental disorder rendering them unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity or epilepsy.
3. The bridegroom has attained the age of twenty-one years, and the bride has attained the age of eighteen years at the time of the marriage.
4. The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits marriage between the two.
5. The parties are not sapindas of each other unless the custom or usage governing each of them permits marriage between the two.

An annulment may be granted when a marriage is automatically void under the law for public policy reasons or voidable by one party when certain requisite elements of the marriage contract were not present at the time of the marriage.

A void marriage, as defined by Section 11 of the Hindu Marriage Act, refers to a marriage that is void from its inception or beginning. In simpler terms, it is deemed nonexistent. The term "marriage" is used because the individuals involved have undergone the ceremonies required for marriage, thereby becoming husband and wife.

VOIDABLE MARRIAGE

Section 12 of the Hindu Marriage Act provides four grounds for a voidable marriage, applicable to both pre-act and post-act marriages:

1. Impotency: If one party is unable to consummate the marriage due to impotency.
2. Mental Incapacity: If the respondent is not mentally competent and incapable of giving consent to the marriage due to unsoundness of mind.
3. Pre-Marriage Pregnancy Concealment: Concealment of pre-marriage pregnancy by the respondent is grounds for a voidable marriage. Requirements include:
– The respondent was pregnant at the time of the marriage.
– The pregnancy was from a person other than the petitioner.
– The petitioner was unaware of the pregnancy at the time of marriage.
– The petition must be filed within one year of the commencement of the act for pre-act marriages and within one year of marriage for post-marriage.
– Marital intercourse did not occur with the petitioner’s consent after the discovery of the respondent’s pregnancy.
4. Consent Obtained by Fraud or Force: If the petitioner’s consent was obtained through fraud or force, it constitutes grounds for a voidable marriage. If consent is not given willingly or is obtained through deception or coercion, it can be considered as a basis for divorce.

What’s the Effect of an Annulment?

An annulment primarily renders the marriage null and void, but it may entail additional consequences. For instance, it could affect a spouse’s eligibility to receive support (alimony) from the other spouse. Similarly, it might impact a spouse’s rights to property acquired during the marriage. Therefore, it’s advisable to seek guidance from a family law attorney before making any decisions regarding annulment.

If you're experiencing challenges in your matrimonial life and seek legal guidance, consider consulting with the expert matrimonial lawyers at SHE & HE LAW: Bridging Legal Excellence. Our team is dedicated to providing comprehensive legal consultations tailored to your needs.

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ANNULMENT OF MARRIAGE