Annulment of Marriage in India

A Comprehensive Guide to Nullifying Unions

Discover valid reasons for the annulment of the marriage. Understand the annulment of marriage through this step-by-step guide to voiding a marriage

Legally Declaring a Marriage Null and Void

An annulment is a legal procedure that declares a marriage void from its inception, as if it never happened. This is fundamentally different from a divorce, which dissolves a legally valid marriage.

Laws Governing Annulment

The grounds and procedures for annulment are defined by various personal laws in India.

Hindu Marriage Act, 1955

Section 12 allows for annulment on grounds like impotence, unsoundness of mind, consent obtained by force or fraud, and the bride being pregnant by another person at the time of marriage.

Special Marriage Act, 1954

This secular law provides similar grounds for annulment for inter-faith and civil marriages, ensuring uniform rights for couples registered under this act.

Muslim Personal Law

Under Shariat, an annulment (known as 'Faskh') can be sought if the marriage is irregular (fasid) or void (batil) due to issues like lack of proper witnesses or marriage within prohibited relationships.

Indian Divorce Act, 1869

For Christian marriages, Section 19 lists grounds for annulment, including bigamy, one party being a "lunatic or idiot," or the parties being within prohibited degrees of relation.

Common Grounds for Annulment

A marriage may be annulled if it was invalid from the start. Common grounds across various laws include:

1

Bigamy

If any one of the spouses was already married at the time of the purported marriage.

2

Consanguinity or Affinity

If the marriage between persons is within prohibited degrees of relationships, for example, close relatives.

3

Unsoundness of Mind

If any of the spouses was of unsound mind at the time of marriage.

4

Force or Coercion

If the marriage was done under duress of any third party.

5

Fraud

If one party obtained marriage through fraud of a material fact.

6

Minor's Marriage

If the marriage was proceeding even after it being illegal, i.e. a marriage of minors.

7

Lack of Consent

If one party did not give genuine permission for the marriage.

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