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Annulment Of Marriage Under Hindu Law

As per Legal terminology, the term annulment refers making a marriage null and void/voidable; in case the marriage is void ab initio (which means the marriage is considered to be invalid from its inception), then it shall be automatically null, even though the statement of nullity is required to be established.

Annulment is a legal process for declaration of marriage null and void. It can only be stated null and void if there are certain legal requirements were not met at the time of the marriage and then it is considered to have never existed, legally. Such a process is known as annulment which is very different from divorce. The clear distinction between annulment and divorce is that the annulment refers to the marriage which never existed at all whereas the divorce dissolves the marriage.

Grounds for annulment The grounds for a wedding annulment are varied to the various jurisdictions but are limited to fraud, bigamy, blood relationship, and mental incompetence and includes the subsequent situations as well
  • Any of the spouses was already married to someone at the time of the wedding
  • Any of the spouses was young to induce marriage or marries without the consent of parents/court;
  • Any of the spouses was under the influence of medicine or alcohol at the time of the marriage;
  • Any of the spouses was mentally incompetent;
  • If the consent was obtained through fraud or force;
  • Any of the spouses was physically incompetent to induce married (basically he's unable to possess sexual intercourse);

Void Marriages: How can it's annulled?

As per Section 11 of the Hindu Marriage Act, 1955, which deals with void marriages described because the marriage solemnized after the commencement of the Act shall be null and void and become null and void by presenting a petition through any of the parties supporting the above-mentioned grounds.

Who can seek Annulment?

Any party to the wedding can file an application for the annulment for declaration of the wedding as null and void. However, this is often just a procedure to be brought on record before the court and is finished as a precaution in order that within the future, no doubt of void marriage will be called.

Voidable Marriages: How can or not it's annulled?

A voidable marriage is essentially a legal marriage which will be canceled by anybody of the parties to the wedding and is contested within the court on the premise of the below mentioned follows: No consummation of marriage thanks to incapacity of the partner Any of the spouse didn't provide the free consent to that or within the consequence of mistake, unsoundness, etc.

Any of the spouses could be a mentally disordered person but has given the valid consent for marriage which person falls under the ambit of the Mental Disorders Ordinance 1952 Act.; Any of the spouses are plagued by Venus's curse which is during a communicable form; The wife is pregnant with another person at the time of marriage.

Who can seek Annulment? Below are the parties who can file the petition before the concerned court for the annulment of the marriage: In case the petitioner gives any consent for quite a year after the fraud committed by the opposite person.

In case, the wife is pregnant with another person at the time of marriage and also the person to the wedding isn't conscious of the happening.

Annulment Process Basically, the method of annulment of marriage isn't a standard process therefore an individual applying for the annulment should meet the residency requirement where he/she is staying. Thereafter the person can file the petition where he was born, the wedding was solemnized, or has been inhabited and should stay for a continual 90 days period before applying.

The procedure for the annulment is sort of like the divorce proceedings and might be filed by any party. However, divorce is taken into account to be the foremost complicated process as compared to the annulment. Legitimacy of youngsters after the Annulment of Marriage: If a baby is born out of wedlock which is subsequently declared to be null and void, that child won't be considered illegitimate but he shall be considered legitimate despite the wedding being illegal from its inception. The section provides a cushion to the youngsters of void marriages and prevents them from being bastardized.

Rights of youngsters to Property Inheritance after Annulment of Marriage The status of legitimacy, that's declared by section 16, is an element of the incidence of birth. The children born during a void or voidable marriage should be legitimate. If they were declared legitimate, then they can't be discriminated against and that they are on a par with other legitimate children and be entitled to all or any the rights within the property of their parents, both self-acquired and ancestral.

Right of Claiming Maintenance by a girl after Annulment of Marriage Unilateral divorcees (wives) whose marriages stand terminated by acts of their husbands and persons whose marriages are terminated by intervention of Courts at the instance of either spouse, are certainly included within the sweep of the inclusive definition of "Wife".

The Legislature by the bold intervention included women of such terminated marriages also within the sweep of the expression "wife" subject to a crucial condition that they must not have re-married. The issue of the correct to maintenance under Section 25 of the Act, to a lady whose marriage is in contravention with Section 5(i) of the Hindu Marriage Act 1955, and has been declared null and void by a court has been faced by various High Courts yet because the Supreme Court, and also the courts have given different views depending upon the facts and circumstances of every case.

Thus, such children would be regarded in law as legitimate children of the oldsters for all purposes including succession. In Sarda Ram v. Durga Bai, it's now established that such children can inherit the separate property of their father under Section 8, Hindu Succession Act, but couldn't lay any claim on the coparcenary interest of the daddy.

Son of such a wedding has no birthright within the Hindu Joint family property Maintenance:
Another important question that usually arises is whether or not the wife whose marriage is void under section 11 of the Act can claim maintenance from her husband of that void marriage.

The Supreme Court has held that where a wedding is void, a wife cannot claim maintenance under Sec. 488 CrPC, sec 125 under the Act of 1976. However, it's a generally accepted rule that even in such cases, the wife is entitled to maintenance under sec. 18 of the Hindu Adoptions and Maintenance Act,1956 and also under section 24 of the Hindu Marriage Act 1955.

Conclusion: There are two ways to legally end a wedding (a) annulment (b) divorce. It may be initiated by either the husband or the wife within the marriage. A wedding that's void at the start doesn't alter or affect the status of the parties nor does it create between them any rights and obligations which must normally arise from a sound marriage apart from such rights as are expressly recognized by the Act. Avoidable marriage remains valid and binding and continues to subsist for all purposes unless a decree is lapsed the court annulling the identical on any of the grounds mentioned in Section 12.

Award Winning Article Is Written By: Mr.Yash Vikram Singh
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Authentication No: AU122155758830-09-082

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