QUERY ABOUT ANNULMENT AFTER DIVORCE

731 votes

1. First, why annulment is still needed In India, especially under the Hindu Marriage Act, 1955, A child marriage is voidable, not automatically void (unless it falls in certain prohibited degrees or conditions under Section 11). To legally erase it, one must approach the District Court for declaration of nullity (Section 12 or Section 13(2)(iv) for child marriage annulment). A divorce certificate from Panchayat or Notary is not valid in the eyes of law — only a court decree is. So, legally your boyfriend is still considered married unless the court annuls it. --- 2. If the girl is not willing to come to court If she refuses to appear: Your boyfriend can still file a petition for annulment in the Family Court/District Court. The court will issue summons to her. If she doesn’t appear despite proper service, the court can proceed ex-parte (decide in her absence). Since she has remarried, this strengthens your case (but also means the new marriage could be technically void unless the first is annulled). --- 3. Time frame From filing to decree: If uncontested & ex-parte → usually 6–12 months (sometimes faster if court is free and evidence is straightforward). If contested → could be 1–2 years or more. Rajasthan courts usually have backlog, but ex-parte child marriage annulments are on the quicker side if paperwork is proper.

Advocate Seema Sharma LawRato

801 votes

Apply before the family court of your jurisdiction for annulment along with your marriage and divorce certificates. Court will issue summons and even then if the other party not comes you will get the relief of annulment by the order of the court. remember take a good lawyer.

Advocate Aman Agarwal LawRato