Annulment of Marriage
Annulment is a legitimate method pronouncing a marriage invalid and void. There are different grounds on which a marriage can be annulled.
An annulment should be possible in instances of void marriages and voidable marriages.
Meaning of Annulment of Marriage
A void marriage is no marriage by any means; it is considered invalid from the earliest starting point.
Voidable marriages are legitimate, except if its legitimacy is addressed.
If there should be an occurrence of void marriages, parties can remarry without getting a declaration of nullity from the court. Yet, they can’t do as such in the event of a voidable marriage.
The Grounds for Annulment
Following are the justification for annulment-
- Inability to consummate the marriage – If both of the life partners are constantly incapable of having sex or are inept.
- Unequipped for giving Consent – If both of the life partners were unequipped for giving consent at the time of the marriage.
- Mental Disorder – If both of the life partners were experiencing a psychological issue at the time of marriage attributable to which the person in question can’t be viewed as fit for marriage or reproduce children.
- Madness or epilepsy – If both of the life partners experienced repetitive assaults of craziness or epilepsy, then it fills in as a ground for getting an annulment.
- Under the lawful marriage age – In India, the permitted time of marriage for the male is 21 years, and for females, it is 18 years. If both of them are below this age, an annulment can be applied.
According to Section 12 of the Hindu Marriage Act, marriage is viewed as voidable if-
- Assent is gotten by misrepresentation or fraud.
- Constrained Consent-If agree to marriage is gotten through compulsion or physical risk, then such constrained assent is a legitimate ground to look for an annulment.
- Covering of material realities If any truth like the age, past, a criminal record been hidden by the parties, then the distressed life partner can look for an annulment on this ground.
- Pregnancy-If at the time of the marriage the respondent is conveying a child of some other individual, the spouse can look for an annulment; however, this privilege is relinquished if the marriage is fulfilled after he came to know about this reality.
In instances of Children Born out of Marriage
If marriage is void and children are born out of that marriage at that point as per the Hindu law, these children are legitimate.
In situations where the children are born out of the voidable marriage, then the children are legitimate, and they can acquire the properties of their parents yet will have no privilege in the family property.
For better guidelines, please do contact a learned family lawyer.