Need Advice on Annulment/Mutual Divorce

Question

Need Advice on Annulment/Mutual Divorce

08-Jan-2024 (In Divorce Law)

Hi, We got married last year in Jan 23 and now we both want an annulment/mutual divorce. We wanted to know is there any way as per Indian Law that we can file for the annulment? Please advise

Answers (4)

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Adv. Dilip G Bhandari Adv. Dilip G Bhandari

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Advocate Vikrant C Deshpande LawRato · Accepted Answer · 2024-01-11T09:39:33+05:30

Answer #2

Unfortunately, in your situation, filing for an annulment under Indian law might not be feasible. Annulment in India typically applies when the marriage itself was never legally valid due to factors like: Bigamy: One party was already married to someone else at the time of your marriage. Underage marriage: Both parties were underage at the time of the marriage and didn't obtain the necessary court or parental consent. Mental incompetence: One party wasn't of sound mind at the time of the marriage. Concealment of crucial information: One party concealed a crucial fact like pre-existing pregnancy or impotence, leading to the marriage being based on fraud. Given that you both entered into the marriage willingly and legally last year, it wouldn't fall under any of these categories. However, you do have the option to file for a mutual divorce under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954 (depending on your marriage type). This process is generally faster and smoother compared to contested divorces as both parties agree to dissolve the marriage.

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Adv. Vikrant C Deshpande Adv. Vikrant C Deshpande

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Advocate Dhanashree Dhole LawRato · Accepted Answer · 2024-01-11T13:14:26+05:30

Answer #3

You can file petition for divorce by mutual consent if you both settle down with the terms and conditions of divorce. The same needs to be filed as per law under which you got married. Procedure and conditions will depend upon the respective law.

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Adv. Dhanashree Dhole Adv. Dhanashree Dhole

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Advocate A P Khobragade LawRato · Accepted Answer · 2024-01-13T13:13:16+05:30

Answer #4

Hello Good Afternoon, Annulment and mutual Divorce both are different and grounds for both are also different . Firstly your marriage is just 1 year old so in that situation to get mutual Divorce then it has some issue . but their are some ways where you can dissolve your marriage . for more details and querry then call us and visit our website

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Adv. A P Khobragade Adv. A P Khobragade

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