Annulment of Marriage in India: Procedure and Grounds to Annul

Annulment of marriage is a legal process whereby the marriage is proclaimed as null and void. An annulled marriage is a marriage which is considered to have never been solemnized and thus making such marriage invalid. Such invalid marriages are also considered as void since the beginning i.e. void ab initio.

Conditions For Annulment of a Marriage under Various Laws

The Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955 provides several conditions for a marriage to be treated as valid in terms of the Act. In case the said conditions as laid down in the Act are not adhered to, the marriage shall be treated as invalid. The Act provides for an invalid marriage to be declared as void marriage at the behest of either of the parties to the marriage as below:

• If a marriage has not been consummated owing to impotency of one of the parties to the marriage; or
• Marriage is in contravention to the provisions of the Hindu Marriage Act; or
• If the consent of the person approaching the Court or the cases wherein the consent of the guardian of the said person was required, if needed was obtained forcibly or by fraud with regard to the nature of the ceremony or any material fact or circumstances concerning the other party; or
• The bride was at the time of the marriage pregnant by some other person.

The Special Marriage Act, 1954

Either party to the marriage can move to the Court for seeking annulment of marriage on the following grounds:

• If any party has refused to consummate the marriage
• If at the time of marriage, the wife was pregnant with some other persons child, other than the husband
• If consent of either party to the marriage was obtained by fraud, misrepresentation or coercion as mentioned under the Indian Contract Act, 1872.

Parsi Marriage and Divorce Act, 1936

The Act provides that if the consummation of marriage becomes impossible on account of certain unforeseen/natural circumstances, such marriage may be declared as null or void, at the instance of one of the parties to the marriage.

Indian Divorce Act, 1869

As per the provisions provided in the Act, a Decree for nullity can be sought on following grounds:

• In case one of the parties is impotent or lunatic
• The parties are in the prohibited degrees of consanguinity.
• One of the parties to the marriage had a subsisting marriage

Rights of Children, If Any in Annulled Marriages

The children are considered to be legitimate. However, such children can claim property from their parents’ estate only.

Limitation for Filing Petition Seeking Annulment of Marriage

• A petition seeking annulment of marriage can be moved within one year of marriage.
• As the case may be, upon discovering the fraud committed one of the parties to the marriage.

Jurisdiction for Annulment of Marriage

• The Court under whose jurisdiction the marriage was solemnized; or
• The place wherein the couple last resided; or
• The place where the wife is residing; or
• The place where the Petitioner is residing.

Procedure for Annulment of Marriage

• The parties can approach the competent Court wherein one of the parties has lasted resided, Court within whose jurisdiction the marriage was solemnized, Court under whose jurisdiction parties last resided.
• A petition seeking annulment of marriage has to be filed within one year of the marriage or within a year from the date of discovery of fraud.
• The Hon’ble Judge shall have to be satisfied on the conditions as stipulated in the Act.
• The decree of Annulment of marriage declaring the marriage null and void shall be thereafter granted by the Court. 

Grounds on Which the Petition Seeking Annulment of Marriage can be Rejected

• The petition seeking annulment can be rejected if the same has been filed more than a year after force had ceased to operate or an year after the fraud was discovered; or
• The party approaching the Hon’ble Court has, with his/her consent, stayed with the other party as wife or husband after the force had ceased to operate or, a year after the fraud was discovered.

Conclusion

In view of the above, various personal laws provide grounds whereby a marriage can be declared null and void upon moving to appropriate Court seeking annulment of marriage on the grounds as enumerated in various personal laws. Parties approaching the Court seeking annulment of marriage by way of petition challenge the validity of the marriage since the beginning.  

The children out of such wedlock are considered to be legitimate after the annulment of the marriage. They can inherit and demand partition of only the properties of their parents, as deemed children can. In the case of ancestral property, these children can claim their share in the property falling in the share of the parents.