Annulment of Marriage in India

What is an annulment of marriage in India? LawRato provides not only the ins and outs of the annulment of marriage, but also connect you with the best divorce advocate across India.

Annulment process in India refers to the legal procedure through which a marriage is declared null and void, effectively erasing its existence as if it never occurred. Unlike divorce, which terminates a valid marriage, annulment retroactively invalidates the union, typically due to the presence of certain legal impediments or grounds recognised by law. In India, annulment is governed by specific statutes and regulations, which outline the conditions under which a marriage can be annulled. These conditions often pertain to issues such as fraud, concealment of vital information, lack of consent, or incapacity to marry. Understanding the annulment process in India involves navigating the legal intricacies surrounding the grounds for annulment and the procedural requirements for initiating such proceedings.

To understand an annulment of marriage in India, LawRato provides not only the ins and outs of the process but also connects you with the best divorce advocates across India.

Nullity of Marriage in India - Law, Rules & Procedure

Nullity of marriage, also known as annulment, refers to a legal declaration that a marriage is null and void from its inception.

Nullity of marriage refers to the act of annulling a marriage or setting it at nought. This process goes to the root of marriage and declares it null and void from its very inception. Annulment of marriage by way of securing a decree of nullity is a matrimonial relief available with respect to a marriage that is not valid in nature.

While a valid marriage is dissolved by a decree of divorce, a marriage which is not valid i.e., a void or a voidable marriage is annulled by a decree of nullity.

Having explained the broad essence of annulment, it is important to know that the specific law and established procedure for procuring a decree of nullity vary depending on the religion or faith of the parties to the marriage.

In India, nullity of marriage is governed by the Hindu Marriage Act, 1955 for marriage between Hindus, Muslim Personal Law for marriage between Muslims, Parsi Marriage and Divorce Act, 1936 for marriage between Parsis, Indian Divorce Act (for Christians), 1869 for marriage between Christians and the Special Marriage Act, 1954 for inter-faith marriages.

What is the Annulment of Marriage?

Annulment is a legal process by way of which a marriage is annulled and avoided or is declared null and void in the eyes of the law. For a marriage to be valid it is important that the parties to such marriage conform to certain legal requirements. If a marriage suffers from lack of these legal requirements, it is either void or voidable in nature.

A void marriage is one which is not recognised in the eyes of the law as a marriage, to begin with on account of it being repugnant to public policy in other words, it is void ab initio. Whereas a voidable marriage is one which is valid at the time of its solemnization but because it suffers from an inherent lack of legal capacity on the part of one of the parties to such marriage, it is capable of being avoided or annulled at the instance of the other party to such marriage.

What is the difference between Divorce and Annulment?

A declaration of nullity of marriage is not the same as a divorce. A divorce dissolves a valid marriage, while a declaration of nullity declares that the marriage was never valid in the first place. The legal consequences of the nullity of marriage are different from those of dissolution by divorce.

The legal consequences of nullity of marriage generally mean that the marriage is considered to have never existed. As a result, the parties may not have any legal rights or obligations that arise from a valid marriage, such as property division, spousal support, or inheritance rights. In contrast, divorce dissolves a valid marriage, and the legal consequences can affect or may entail property division, spousal support, child custody, and child maintenance and support.

A decree of nullity and a decree of divorce both bring an end to the marriage, but the grounds for securing these decrees and their consequences and effects are disparate. Following are the main points of difference between the two matrimonial remedies under Hindu Law: -

1. A decree of divorce under Section 13 of the Hindu Marriage Act, 1955 dissolves a valid marriage: whereas a decree of nullity under Section 12(1)(a) of the Act declares a marriage to be a nullity, i.e., there was no marriage in the eyes of law right from inception.

2. A decree of annulment of marriage relates back to the date of the marriage, i.e., is retrospective but the decree of divorce operates only prospectively.

3. The status of the petitioner in the first is of, a once married now divorced person, while in the second case, post-decree, it is that of an unmarried person.

4. The said status has different connotations in society and the future marriage prospects of the petitioner hinge on the nature of relief granted by the Court, in case he/ she wishes to re-marry.

5. Upon annulment of marriage, the children born out of such relation become illegitimate though they are deemed legitimate (acquire statutory legitimacy) and are entitled to the protection of their interests under Section 16 of the Hindu Marriage Act, 1955. While with the decree of divorce, the legitimacy of children born out of wedlock is not affected at all.

What are the Grounds for Annulment of Marriage in India?

In India, marriage can be annulled under certain circumstances. The grounds for annulment of marriage can vary with the religion of the parties to such marriage. We will deal with the annulment of marriage under various personal laws in the succeeding part of this Article.

However, the general grounds for annulment of marriage in India are as follows:

1. Non-consummation of marriage: If either party is incapable of consummating the marriage, or the marriage has not been consummated due to the wilful refusal of one of the parties, the marriage can be annulled.

2. Mental illness: If either party was of unsound mind at the time of marriage making him/ her incapable of giving consent to such marriage and the other party was unaware of the mental illness, the marriage can be annulled.

3. Fraud or Misrepresentation: If either party entered into the marriage by fraud or misrepresentation, such as hiding a substantial fact that will have a bearing on the other party's consent or lack thereof e.g., hiding a previous marriage, or misrepresenting their age, religion, or social status, the marriage can be annulled.

4. Force: If either party was forced into the marriage through coercion, such as threats or physical violence, the marriage can be annulled.

5. Impotency: If either party is impotent, and the other party was unaware of this at the time of marriage, the marriage can be annulled.

6. Prohibited Relationships: If the parties are closely related by blood, such as siblings or first cousins, the marriage can be annulled.

What is the Basis for Annulment of Marriage in India?

An annulment of marriage is a legal procedure that declares a marriage null and void, meaning that the marriage is treated as if it never existed.

In general, the basis for an annulment of marriage is some type of defect or flaw that existed at the time of the marriage that renders the marriage invalid or void. These defects or flaws may include:

1. Lack of capacity: One or both parties were not legally capable of entering into the marriage contract, such as if they were under the legal age of consent or if they were mentally incapacitated.

2. Fraud or misrepresentation: One party entered into the marriage based on false or misleading information provided by the other party.

3. Coercion or duress: One party was forced or threatened into entering into the marriage.

4. Bigamy: One party was already legally married to another person at the time of the marriage.

5. Prohibited relationships: The parties are closely related by blood, such as siblings or first cousins.

6. Non-consummation: The marriage was never consummated, or the parties were unable to consummate the marriage due to a physical or psychological incapacity.

Interestingly, the grounds for an annulment of marriage are different from the grounds for a divorce. While a divorce ends a valid marriage, an annulment declares that the marriage was never valid, to begin with.

What is the time limit for initiating the process of Annulment of Marriage?

The time limit for initiating the process of annulment of marriage is provided below. As per Section 12(2) of the Hindu Marriage Act, 1955 -

1. No petition for annulment of marriage can be filed on the ground that consent to such marriage was obtained by force or by fraud (with respect to a material fact concerning the respondent) if such petition has been presented after the lapse of one year from the date of cessation of such force or discovery of such fraud, as the case may be. Additionally, regardless of the time limit stipulated above, a petition for annulment of marriage would not be maintainable, if the aggrieved party to such marriage has, with his/ her full consent, lived with his/ her spouse as husband or wife (depending on who is the petitioner) after the force had ceased to operate or, as the case may be, the fraud had been discovered.

2. No petition for annulment of marriage can be entertained by the Court on the ground that the bride to the marriage was, at the time of such marriage, pregnant by a person other than the groom unless it is proved to the satisfaction of the court -

• that the petitioner was at the time of the marriage ignorant of the facts alleged and

• that proceedings have been instituted in the case of a marriage solemnised before the commencement of the Hindu Marriage Act, 1955 within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage and

• that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner-husband of the existence of the said ground.

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Annulment of Marriage under Hindu Law

Annulment of Marriage under Hindu Law can be granted in case a marriage corresponds to either of the following two descriptions: -

VOID MARRIAGE-
In accordance with Section 11 of the Hindu Marriage Act, 1955 (HMA), a void marriage is one in which the solemnisation adheres to the formalities outlined by the HMA but fails to meet specific statutory conditions necessary for legal validity. Consequently, a void marriage, lacking essential legal requisites, remains invalid from its inception and does not attain legal recognition or binding marital status. Such marriages represent impermissible or defective situations that never establish a valid matrimonial bond.

Annulment of a void marriage may be initiated by either party, unilaterally or by mutual consent, without necessarily involving court intervention. Since these marriages are void ab initio, meaning they lack legal recognition from the outset, annulment does not require judicial oversight.

The conditions that make a marriage void and hence liable to be annulled are as follows -

1. Bigamy - Either party has a spouse living at the time of marriage. Bigamy is punishable under Sections 494 and 495 of the Indian Penal Code, 1860 as is reiterated under Section 17 of HMA.

2. Prohibited Relationship - The parties are within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two (for example, a karewa marriage which is recognised as a valid customary marriage in parts of Punjab and Haryana). Persons procuring such marriage are punishable under Section 18 of HMA with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both. A & lsquo prohibited relationship' refers to a relationship between two individuals that is considered taboo and hence illegal. According to Section 2(g) of HMA the “ degrees of prohibited relationship,” two individuals are considered to be within this category if they fall under any of the four conditions & ndash & bull The first condition is if one of the individuals is a direct ancestor of the other. & bull The second condition is if one of the individuals was the spouse of a direct ancestor or descendant of the other. & bull The third condition is if one of the individuals was the spouse of the brother, father's or mother's brother, grandfather's or grandmother's brother of the other. & bull The fourth and final condition is if the two individuals are siblings, uncles and nieces, aunts and nephews, or children of siblings or two brothers or sisters. These conditions are put in place to prevent incestuous relationships, which are considered morally and hence legally wrong.

3. Sapinda - The parties are sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two. Persons procuring such marriage are punishable under Section 18 of HMA with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both. A “ sapinda relationship” refers to a blood relationship or relationship between two too-closely-related individuals that is recognized under Hindu law. According to Section 2 (f) of HMA, a person's sapinda relationship extends up to the third generation on the mother's side and the fifth generation on the father's side. In each case, the line is traced upwards from the person concerned, who is counted as the first generation. Furthermore, two individuals are said to be sapindas of each other if they have a common lineal ascendant within the limits of the sapinda relationship, or if one is a lineal ascendant of the other within the limits of the sapinda relationship. This law is in place to prevent the occurrence of genetic disorders that may arise from intermarriage within close family members.

VOIDABLE MARRIAGE & ndash According to Section 12 of HMA, a voidable marriage is one which can (or is able to be) avoided or annulled at the instance of an aggrieved party to such marriage and not the other. The subject matter of such grievance may be based on either of the following grounds & ndash

1. Where a party is aggrieved by the impotency of his/her spouse due to which the marriage has not yet been consummated.

2. Where a party is aggrieved by the fact that his/ her spouse at the time of the marriage & ndash & bull Was incapable of giving valid consent to it in consequence of unsoundness of his/her mind or & bull Though could give valid consent to such marriage but has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children or & bull Has been subject to recurrent attacks of insanity.

3. Where the consent of the aggrieved party was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning his/ her spouse.

4. Where the bride was at the time of marriage, pregnant by some person other than the groom to such marriage.

Annulment of Marriage under Muslim Law

Under Sunni law apart from a valid marriage the other two categories are either void or irregular and under the Shia law, a marriage can be either valid or void.

VOID MARRIAGE & ndash A void marriage is due to contravention of the mandatory prohibitions. The said prohibitions are absolute in nature and their violation has only one consequence which is to render the marriage void. There is no scope for them to be temporary in character as they have permanency and finality. These marriages cannot be validated. A void marriage is one that is contracted with a person in violation of the degree of prohibited relationship -

1. on account of consanguinity - relationship by blood,

2. on account of affinity - relationship by marriage,

3. on account of fosterage - relationship by mother's milk.

Similarly, a marriage contracted with a woman who has a subsisting marriage would be void. A void marriage is no marriage in eyes of law. The woman cannot be called a legally wedded spouse and therefore none of the securities and reliefs associated with a valid marriage under Muslim law are available to her. The right to the conjugal company of the husband, of maintenance and inheritance in the event of his death cannot be claimed by her. The children are illegitimate and do not inherit from their parents. There is no need for the termination of this marriage because it is not recognised in the first place.

IRREGULAR MARRIAGE & ndash An irregular marriage is due to an irregularity that has the potential of being removed. It is by its nature temporary or circumstantial in character and once the irregularity is removed, the marriage becomes regular or valid. An irregular marriage is -

1. A fifth marriage with a Muslim male contracted, during the subsistence of the earlier four. This irregularity can be removed if the marriage with any one of the earlier four wives comes to an end by divorce or her death.

2. A marriage contracted in the absence of a competent witness. This irregularity can be removed by consummation and public acknowledgement of the marriage before persons who can be competent witnesses.

3. A marriage of a Muslim male with a non-kitabia woman i.e., a Hindu or Parsi woman. This irregularity can be removed if the non-Muslim woman converts to the Muslim faith.

4. A marriage of a Muslim male with a woman when she is observing her period of Iddat. This irregularity can be removed after the expiry of the period of Iddat.

5. A marriage against the rule of unlawful conjunction. This irregularity can be removed of the first marriage comes to an end by divorce or the death of the first wife.

In case of irregular marriages & ndash

• There is no binding or effect of such marriages before their consummation

• Termination is permissible at the instance of either of the parties before or after consummation by specifically and with an intention to so terminate it, when the party may say to the other: I hereby relinquish you.

• Such marriage can also be annulled by procuring a declaratory decree under Section 34 of the Specific Relief Act, 1963.

• The wife of an irregular marriage does not inherit the property of her husband in case of his demise despite its consummation

• The wife is entitled to dower only where the marriage was consummated. She is entitled to specified or proper dower, whichever is less in case of its termination

• Where the marriage is consummated and it is terminated, the wife is bound to observe the period of iddat. In such cases irrespective of whether the marriage had come to an end by the death of the husband or by its termination during his lifetime, the period of iddat is three lunar months and

• The children are legitimate and are entitled to inherit the property of both of their parents.

Annulment of Marriage under Christian Law

The Indian Divorce Act, 1869 governs the dissolution of Christian marriages in India. The Act was enacted during the British colonial period and applies to all Christians, regardless of their denomination or sect. The Act is an important legislation that governs the dissolution of Christian marriages in India and provides a legal framework for settling disputes related to the division of property and the custody and maintenance of children. Section 18 of the Act states that either the husband or the wife can present a petition to the District Court, seeking a declaration that their marriage is null and void. Section 19 of the Act lists the grounds on which a decree of nullity can be granted. These include:

1. Impotency of the respondent: If the respondent was impotent at the time of the marriage and at the time of the institution of the suit, the marriage can be declared null and void.

2. Prohibited degree of consanguinity or affinity: If the parties are related to each other within the prohibited degree of consanguinity or affinity, whether natural or legal, the marriage can be declared null and void.

3. Lunacy or idiocy: If either party was a lunatic or an idiot at the time of the marriage, the marriage can be declared null and void.

4. Bigamy: If the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force, the marriage can be declared null and void.

Additionally, it is also clarified that the District Court can grant a decree of nullity of marriage on the ground that the consent of either party was obtained by force or fraud, and that this provision does not affect such court's jurisdiction to grant decrees of nullity on other grounds as mentioned above.

Annulment of Marriage under Parsi Law

The Parsi Marriage and Divorce Act, 1936 governs the personal and family matters of Parsi Zoroastrians. The Act was enacted by the British Indian government in 1936 and applies only to Parsis, who are a minority community in India practicing the Zoroastrian religion. This Act regulates the marriage and divorce procedures of the Parsi community. It recognizes Parsi marriage as a contract that must be validated through the & lsquo Ashirvad' religious ceremony, which involves prayers and blessings for the couple's faithfulness. Section 3 of the Act states that a marriage is not valid to begin with basis the following grounds -

1. If the contracting parties to such marriage are related to each other in any of the degrees of consanguinity or affinity or

2. If such marriage is not solemnized according to the Parsi form of ceremony called “ Ashirvad” by a priest in the presence of two Parsi witnesses other than such priest or

3. In the case of any Parsi (whether such Parsi has changed his or her religion or domicile or not) who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age.

Furthermore, Section 30 of the Act deals with suits for nullity i.e., the annulment of voidable marriage according to which if the consummation of marriage becomes impossible due to natural causes, any party to the marriage can seek a declaration of nullity of such marriage.

Annulment of Marriage under Special Marriage Act, 1954

The Special Marriage Act, 1954 governs the marriage of individuals from different religions or castes. It is applicable to people of all religions, including Hindus, Muslims, Christians, Sikhs, Jains, and Buddhists. The Act allows for the marriage of people who may not wish to marry under their personal laws or religious customs. It provides a legal framework for such marriages and sets out rules for the registration, dissolution, and maintenance of such marriages. The Act is aimed at promoting social harmony and is an important step towards modernizing Indian family law.

VOID MARRIAGE & ndash Section 24 of the Act deals with void marriages according to which any marriage solemnized under this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if ?

1. either party has a spouse living at the time of marriage or

2. either party ? & bull is incapable of giving valid consent to it in consequence of unsoundness of mind or & bull though capable of giving valid consent, has been suffering from mental disorder of such & bull a kind or to such an extent as to be unfit for marriage and the procreation of children or & bull has been subject to recurrent attacks of insanity.

3. the male has not completed the age of twenty-one years and the female has not completed the age of eighteen years or

4. the parties are within the degrees of prohibited relationship. However, where a custom governing at least one of the parties permits such a marriage between them, it may be solemnized, regardless of the fact that they are within the degrees of prohibited relationship.

5. the respondent was impotent at the time of the marriage and at the time of the institution of the suit for annulment.

VOIDABLE MARRIAGE & ndash Section 25 of the Act deals with voidable marriages according to which, any marriage, solemnized after the commencement of this Act, shall be voidable and may be annulled by filing a petition for a decree of nullity -

1. If it has not been consummated because of the respondent's refusal to do so,

2. If the respondent was pregnant by someone else at the time of the marriage. In order to press this ground into service it is essential that the petitioner must have been unaware of the fact of such pregnancy at the time of his marriage, and the proceedings to annul must have been initiated within a year of such marriage. Also, no marital intercourse should have taken place with the petitioner's consent since the discovery of the grounds for annulment.

3. If either party's consent was obtained through coercion or fraud as per the Indian Contract Act, 1872. The court will not grant a decree upon this ground if the petitioner did not file for proceedings for annulment within a year after the coercion ceased or the fraud was discovered, or if the petitioner has voluntarily lived with the other party as husband or wife, after discovering the fraud or coercion.

Annulment of Marriage under the Prohibition of Child Marriage Act, 2006

The Prohibition of Child Marriage Act, 2006 prohibits child marriage and provides for its annulment. A child is defined as a person below 21 years of age for males and 18 years of age for females. As per Section 3 of the Act, any child marriage can be annulled by the contracting party who was a child at the time of marriage, by filing a petition within 2 years of attaining majority i.e., between 18- 20 years of age. If during this window period of two years, such party to the marriage does not get the marriage avoided, such marriage will take the form of a valid marriage. However, a child need not wait till he attains majority to repudiate such marriage. He/ She can do so even before attaining the age of 18 years through a guardian or next friend. The District Court can order the return of money, gifts, and other valuables to the parties involved. As per Section 12 of the Act, if a child is taken away from their legal guardian, compelled by force, or deceived into getting married, or is sold for the purpose of marriage or if after the minor is married, he/she is sold off or trafficked or used for immoral purposes, then such child marriage is considered null and void.

Procedure for Obtaining Decree of Nullity of Marriage

As per Section 19 of the Hindu Marriage Act, 1955 in order to annul a marriage through a decree of nullity, a petition for annulment of marriage in a specific format must be presented to the District Court which has the relevant jurisdiction to take up the matter. The Court should have judicial authority over the area:

• Where the marriage was solemnized or

• Where either of the spouses resides at the time of filing for annulment or

• Where the spouses last resided together or

• If the wife is the petitioner, then the place where she resides.

The petition must contain accurate information and include all necessary details and remedies. It should only be submitted once it has been verified that everything stated in it is truthful. The Court is responsible for ensuring that the legal process runs smoothly and may try to promote reconciliation between the parties to the marriage. This implies that the spouses must attempt to reconcile and continue their marital relationship. If the Court issues a decree or order, it can be appealed, and it must be followed and obeyed.

Maintenance under Decree of Nullity of Marriage

As per Section 24 and 25 of the Hindu Marriage Act, 1955, an application for maintenance can be filed with the Court for grant of maintenance during the pendency of proceedings for annulment or at the time of passing of the decree of annulment or at any point subsequent thereto. Such application may be filed by either party to the marriage. According to Section 24 of HMA, if in an annulment proceeding under this Act, it becomes apparent to the Court that the wife or the husband, depending on the case, lacks sufficient independent income to support themselves and cover the expenses of the proceeding, the Court may order the respondent to pay the petitioner's expenses for the proceeding. Additionally, the respondent may be ordered to make monthly payments during the proceeding that the court deems reasonable, based on both the petitioner's income and the respondent's income. However, it should be noted that the application for the payment of expenses of the proceeding and monthly payments must be resolved as quickly as possible, preferably within sixty days from the date when the notice is served on the respondent-wife or husband. According to Section 25 of HMA, the Court entertaining the petition for annulment may, upon an application under this Section, order the respondent to pay a gross sum, monthly sum, or periodical sum to the applicant for his/her maintenance and support. This order can be made at the time of passing any decree or even later, upon the request of either the wife or husband. The term for such payment shall not exceed the life of the applicant and must take into consideration the respondent's income and property, as well as the conduct of both parties and other relevant circumstances. In case of a change in the circumstances of either party, after the court has made the above order, the court may modify, rescind, or vary any such order as it deems just, upon the application of either party. If the court determines that the party who was granted an order under this section has remarried, then the other party may apply to the court to modify, rescind, or vary the order in such a way as the court considers just.

The Legitimacy of Children born out of Null Marriage

UNDER HINDU LAW Section 16 of the Hindu Marriage Act, 1955 specifies that if a marriage is considered null and void under Section 11, any child born of that marriage will be considered legitimate if they would have been legitimate had the marriage been valid. This applies to children born before or after the commencement of the Marriage Laws (Amendment) Act, 1976, and regardless of whether a decree of nullity is granted or whether the marriage is considered void outside of this Act. Furthermore, if a voidable marriage is annulled under Section 12 and a decree of nullity is granted, any child conceived or born before the decree will be considered legitimate as if the marriage had been dissolved instead of being annulled. However, none of the above rules would grant the child any rights to the property of anyone other than their parents, in situations where the child would not have had these rights if they were not considered legitimate under this very Act.

UNDER MUSLIM LAW The children born out of a void marriage are illegitimate and do not inherit from the parents. They are also not entitled to maintenance since such marriage is no marriage under Muslim Personal Law. The children born out of an irregular marriage are legitimate and are entitled to inherit the property of both of their parents. As long as such marriage continues to subsist and is not avoided, the father of such children is obligated to maintain them as well as their mother.

UNDER PARSI LAW As per Section 3 (2) of the Parsi Marriage and Divorce Act, 1936 irrespective of the fact that a marriage is invalid under any of the provisions of the Act, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate.

UNDER CHRISTIAN LAW Section 21 of the Indian Divorce Act, 1869 which governs Christian marriage and divorce, states that if a previous husband or wife was alive at the time of a subsequent marriage and the subsequent marriage was entered into in good faith and with the belief that the previous spouse was dead, or if a marriage is annulled due to one party being deemed insane, any children born before the annulment will be identified in the annulment decree and will have the same inheritance rights as legitimate children from the parent who was capable of entering into a marriage at the time of the marriage.

UNDER THE SPECIAL MARRIAGE ACT, 1954 According to Section 26 of the Special Marriage Act, 1954 if a marriage is considered null and void under Section 24 of the Act, any child born of that marriage would still be considered legitimate if they would have been legitimate if the marriage was valid. This applies regardless of whether the child was born before or after the Marriage Laws (Amendment) Act, 1976, and even if a decree of nullity is not granted. Furthermore, if a voidable marriage is annulled under Section 25 of the Act, any child conceived or born before the decree is made will be considered legitimate as if the marriage had been dissolved instead of annulled. However, none of the above rules would give the child any rights to the property of anyone other than their parents, in situations where the child would not have had these rights if they were not considered legitimate under this Act.

Why do you need a Lawyer for an Annulment Process in India?

Divorce or Annulment of marriage is a stressful time for everyone involved. Getting a Divorce or Annulment decree can especially feel like a battle, thus hiring a Divorce lawyer is recommended. While the attorney will need to gather information from you regarding the case, he or she will also take care of all the paperwork, allowing you more time to take care of yourself and your family. An experienced divorce attorney can give you expert advice on how to handle the annulment of your marriage owing to his years of experience in handling such cases. You can also use LawRato's Free Legal Advice service to get free advice on your case from expert divorce/matrimonial lawyers. A Divorce Lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney a person can make sure that he/she can avoid delay and get the annulment completed as quickly as possible.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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