Yes, a marriage can be annulled in Family Court if it falls under specific legal grounds that make it either void or voidable under Indian law. Annulment differs from divorce as it treats the marriage as if it never existed. Unlike divorce, which ends a legally valid marriage, annulment declares that the marriage was never legally valid in the first place.
Legal Provisions for Annulment of Marriage in India
Annulment of marriage is governed by different laws based on the religion of the parties:
- Hindu Marriage Act, 1955 – Sections 11 (Void Marriages) and 12 (Voidable Marriages)
- Special Marriage Act, 1954 – Section 24 (Void Marriages) and Section 25 (Voidable Marriages)
- Muslim Law – Marriage can be declared Fasid (Irregular) or Batil (Void) based on Islamic jurisprudence.
- Parsi Marriage and Divorce Act, 1936 – Sections 30 and 31 deal with annulment.
- Indian Divorce Act, 1869 (for Christians) – Sections 18 and 19 provide grounds for declaring a marriage null and void.
Difference Between Void and Voidable Marriages
| Aspect | Void Marriage (Section 11 of Hindu Marriage Act, 1955) | Voidable Marriage (Section 12 of Hindu Marriage Act, 1955) |
|---|---|---|
| Definition | A marriage that was never valid from the beginning. | A marriage that is valid unless annulled by a court. |
| Effect | Legally does not exist. | Exists but can be annulled by a spouse. |
| Rights of Spouses | No legal status or rights. | Spouses have rights until annulled. |
| Rights of Children | Children are legitimate (Section 16 of the Hindu Marriage Act, 1955). | Children remain legitimate even if annulled. |
Grounds for Annulment of Marriage in Family Court
1. Void Marriages (Section 11 of Hindu Marriage Act, 1955)
A void marriage is legally invalid from the beginning and does not require a formal annulment. However, parties may approach the Family Court to declare the marriage null and void.
A marriage is void in the following cases:
(i) Bigamy – Section 5(i) & Section 11
- If one spouse was already married at the time of marriage, the second marriage is void.
- Legal Provision: Section 80 of Bharatiya Nyaya Sanhita (Previously Section 494 IPC) – Punishment for Bigamy.
(ii) Prohibited Relationship – Section 5(iv) & Section 11
- If the spouses are within prohibited degrees of relationship (e.g., uncle-niece, first cousins), the marriage is void unless allowed by custom.
(iii) Sapinda Relationship – Section 5(v) & Section 11
- Marriage between close blood relatives (e.g., same paternal lineage) is void unless permitted by custom.
2. Voidable Marriages (Section 12 of Hindu Marriage Act, 1955)
A voidable marriage is considered valid until one party files for annulment and the court declares it invalid.
A marriage is voidable under the following conditions:
(i) Impotency of Either Spouse – Section 12(1)(a)
- If either spouse is incapable of consummating the marriage, the other can seek annulment.
- Example: If a husband is medically diagnosed with impotency, the wife can file for annulment.
(ii) Mental Disorder – Section 12(1)(b)
- If a spouse is incapable of giving valid consent due to mental illness.
- Example: If a spouse suffers from schizophrenia, severe bipolar disorder, or epilepsy, the marriage can be annulled.
(iii) Consent Obtained by Force or Fraud – Section 12(1)(c)
- If consent for marriage was obtained through coercion, fraud, or concealment of material facts.
- Examples:
- Hiding a previous marriage.
- Concealing a serious medical condition.
- Forcing marriage under duress or threat.
(iv) Pregnancy by Another Person – Section 12(1)(d)
- If, at the time of marriage, the wife was already pregnant by another man, the husband can file for annulment.
Procedure for Annulment of Marriage in Family Court
Step 1: Filing a Petition
- A petition must be filed in the Family Court under Section 11 (Void Marriages) or Section 12 (Voidable Marriages) of the Hindu Marriage Act, 1955.
- The petition must state clear grounds for annulment and provide supporting evidence.
Step 2: Court Issues Notice to Spouse
- The court sends a summons to the other spouse to respond to the petition.
Step 3: Submission of Evidence
- The petitioner must submit medical reports, marriage certificates, witness statements, or other documentary evidence.
Step 4: Trial and Arguments
- Both parties present their case through lawyers.
- If the court is satisfied with the evidence, it grants annulment.
Step 5: Court Passes a Decree of Nullity
- Once annulled, the marriage is declared null and void.
Time Limit for Annulment
| Ground | Time Limit for Filing Annulment |
|---|---|
| Fraud or force | 1 year from discovery of fraud. |
| Mental illness | No time limit, but should be filed as soon as possible. |
| Impotency | No time limit, but should be filed early. |
| Pregnancy by another person | 1 year from marriage date. |
Effects of Annulment
| Aspect | Void Marriage | Voidable Marriage |
|---|---|---|
| Legal Status | Considered never valid. | Valid until annulled. |
| Rights of Spouses | No marital rights. | Rights exist until annulment. |
| Children’s Legitimacy | Legitimate under Section 16 of HMA, 1955 | Legitimate even if annulled |
| Maintenance Rights | No spousal maintenance. | Maintenance may be granted before annulment. |
Annulment Under Other Personal Laws
1. Under the Special Marriage Act, 1954
- Same grounds as the Hindu Marriage Act.
2. Under Muslim Law
- A marriage may be annulled if:
- The husband is impotent.
- The marriage was conducted without consent.
- The husband concealed a severe illness.
3. Under Christian and Parsi Laws
- Annulment can be sought for fraud, non-consummation, or bigamy.
FAQs on Annulment of Marriage in Family Court
1. Can a marriage be annulled after many years?
- A void marriage can be declared null at any time.
- A voidable marriage must be annulled within the time limits prescribed by law.
2. Can I remarry immediately after annulment?
- Yes, once the court grants a decree of nullity, both parties are free to remarry.
3. Do I need a lawyer for annulment?
- Yes, as annulment cases involve legal technicalities, a lawyer’s guidance is necessary.
4. Can annulment be denied by the court?
- Yes, if the petitioner fails to provide evidence, the court may dismiss the petition.
5. Is annulment cheaper than divorce?
- Annulment is quicker but not necessarily cheaper, as it involves court procedures and lawyer fees.
Conclusion
Yes, a marriage can be annulled in Family Court if it meets the legal grounds of being void or voidable under Indian law. Annulment erases the marriage as if it never happened, unlike divorce, which dissolves an existing valid marriage. If you are facing issues and need guidance on annulment, consult a lawyer to proceed legally.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304