Nullification and Annulment of a Marriage in India

Introduction: 

Marriage, a sacred custom, can sometimes be called off as invalid. This legal process is known as nullification or annulment of marriage. It is not like divorce, which ends a valid marriage, but annulment is a way to declare that the marriage never legally existed in the first place. There are significant differences between these two, which impacts the legal rights of the parties in a way that can create significant circumstances. The Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, outline the specific grounds that make a marriage void or voidable by a decree of nullity. Through this blog, we will discuss all aspects of this nullity. 

Grounds for a null Marriage under HMA, 1955:

• Bigamy: This is the most common ground. If any of the  parties already has a living spouse at the time of doing another marriage, the second marriage is void on its own. Indian laws are against monogamy, and a second marriage during the existence of a first valid marriage is illegal.
• Prohibited Degrees of Relationship: If the persons from both sides are within the prohibited relationship -example, siblings, parent-child, etc., unless a custom or usage permits such a marriage.
• Sapinda Relationship: If the parties are 'sapindas' of each other, the marriage is void unless a custom or usage governing them permits such marriage. The Sapinda relationship extends to certain generations on the mother's and father's side.
• Under this said Act the absence of eligible consent can be treated as indirect ground under voidability.

Grounds for nullity of Marriage under Special Marriage Act, 1954:

• Baigami.
• Incapability of giving ascent.
• The age of male is not 21 years and the female is not 18 years old.
• Prohibited Degrees of Relationship.

Grounds for nullity of Marriage under Foreign Act, 1969:

• Baigami.
• Incapability of giving ascent.
• The age of male is not 21 years and the female is not 18 years old.
• Prohibited Degrees of Relationship.
• Contravention of law or existing law, etc.

Grounds for nullity of Marriage under Muslim Law:

• Lack of Valid ascent.
• Prohibited relationship.
• Interreligious marriage- In Sunni a only Muslim man can marry a Christian or Jewish woman but not a woman of another faith, where in Shia there is a strict interpretation in respect of interreligious marriages.
• Marriage during Iddat.
• Conditional or temporary marriage.
• Lack of legal capacity.
• Absence of essential elements such as, proposal, acceptance, witness, or Mahr.   

  Implications of a Void Marriage:

• No legal status: A  marriage which is void from starting does not need the legal status of Spouses.
• No-decree-needed: Technically, no court decree is needed to make an announcement  a marriage invalid as it was never valid. However, seeking a declaration from the court is advisable to formalize the non-existence of the marriage. 
• Children: Children born from this relation, giving them legitimacy for the purpose of inheriting their parents' property.

 Distinguish Between Void and Voidable:

The distinction between void and voidable marriages might seem as very little thing but is crucial for several reasons:

• Legal Position: A void marriage in a sense never began, while a voidable marriage is valid until a court formally cancels it. This gives different effects on  legal rights and obligations during the period the marriage exists.
• Initiation of Action: While a void marriage is invalid from the start, so it is not strictly necessary for a declaration of its non-existence. However, for a voidable marriage, a court petition is absolutely essential to set it aside.
• TimeFramework: Void marriages generally have no specific time limit for seeking a declaration though consult an Advocate regarding this they can tell better .Voidable marriages, particularly those based on fraud or pregnancy, have strict time limitations for filing the petition.

FAQs

1. What role does mutual consent play in nullity or annulment?

A: Mutual consent is a type of divorce that does not have any relation to nullity or annulment. While both end a relationship. 

1. Maintenance claiming after a marriage is annulled -

A: In voidable marriage, it differs in various jurisdictions, while void marriage offers no maintenance; still better to consult a lawyer before taking any decision. 

1.  Children from void or voidable marriages considered legitimate or not?

A: They are deemed as legitimate. 

1. What are the common grounds for a marriage to be considered void?

A: Most common ground is bigamy, but there is more to it. 

Conclusion : 

Understanding the complexities of nullity and annulment requires clear and transparent legal knowledge and support. We provide expert guidance through these challenging times.  Whether your marriage is void or voidable is the first crucial step towards clarity and resolution. Let us, our legal team guide you to ascertain your rights and pursue the most suitable legal pathway.