Annulment of Marriage

A petition for the annulment of marriage is moved on certain grounds specified in various matrimonial laws. Once a petitioner is successful in proving its case, marriage is declared null and void. Resultantly, the court considers that the marriage has not taken place at all and the tag of the ‘divorcee‘ is not attached. Annulment of marriage is very important in the scheme of matrimonial laws as there is no point in carrying the burden of divorce in cases where marriage has been solemnized on the strength of fraud or where the marriage is solemnized despite the fact that the responding spouse was already married.

Grounds for annulment of marraige is provided under section 12 of the Hindu Marriage Act which are as under:

(a) that the marriage has not been consummated owing to the impotence of the respondent; or]

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

In order to bring the case of annulment with in the parameteres of ground 12 (1) (a) of the Hindu Marriage Act, following two considtions need to be filled inclusively

  1. Marriage has not been consummated
  2. Such consummation has not taken place due to the impotency of the Respondent.

 

In order to make out a case under section 12 (1) (c) of the Hindu Marriage Act, it is necessary to establish by the person filing the case, Petitioner, that the consent has been obtained by force or fraud with respect to either ceremomny of marriage or matreial fact or circusmatnes concerning the Respondent. It is significant to note that the annulment of marriage on thsi ground can be filed only within one year of the discovery of such fraud or force.

Other two grounds of annulment of marriage are self explanatory.

We at divorce lawyers having years of service knows what it takes to bring home the case of annulment of marriage. A good divorce lawyers know how necessary facts need to be pleaded and evidence marshalled to make home the grounds for the annulment of marriage. Divorce Lawyers(DL) experince in successfully managing the same is unmatchable.