A person can dissolve or terminate a marriage in India with the help of annulment. The procedure for annulment is the same as divorce, but the things to keep in mind for annulment are different from divorce. Grounds for annulment are trickery, a wife’s pregnancy by someone else other than the current husband, impotence reported before marriage, and subsist at the time of case filing.
Once the Indian court grants an annulment, the status of the two people remains the same as before marriage that is ‘single.’
A marriage is automatically void and can be claimed as invalid when the law prohibits that kind of alignment between the two. Section 11 of the Hindu Marriage Act, 1955 deals with situations as follows:
Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party to or against the other party. Be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv), and (v), Section 5 of the Act.
If any partner was still lawfully hitched to another person at the wedding time, then the marriage is considered void, and no formal annulment is necessary for the same.
Wedlock between an ancestor and descendant, brother and sister, whether the relationship is half or blood or even by adoption, is unacceptable by law.
Marriage Between Close Relations:
A marriage between someone who is half connected and falls under the same family can not marry each other. For example – An uncle and a niece, an aunt and a nephew, first and second cousins, whether the relationship is by the half or the whole blood, except in few religions where it is allowed is not entitled by the court of law.
A voidable marriage is one where an annulment is not automated and must be asked by one of the partners. Ordinarily, an annulment may be requested by one of the individuals to a marriage if the intention to record into the civil contract of matrimony was not present at the time of the wedding, either due to mental disorder, intoxication, coercion, or trickery.
The term for acquiring divorce fluctuates from one case to another and area to area. However, in most cases, contested processes take 18 to 24 months, and mutual consent differs from 6 months to 18 months.
Original content source: https://www.kanoon-e.com/blog/annulment-of-marriage/