Annulment of marriage is the legal act of nullifying the marriage certificate of a couple as an alternative to divorce.
The nullity of marriage is credible only on specific grounds legislated by Section 12 of Hindu marriage law.
The union is considered voidable under the circumstances where–
- Either spouse was coerced into consent to marriage by physical or verbal aggression.
- Consent was obtained by fraudulent tactics or under mental instability.
- Personal or material information was withheld before marriage, such as impotence, criminal record, age, mental disorders, etc.
- The wife is pregnant with another person’s child during the time of marriage (petition must be filed within a year of the marriage date).
Lawyers provide expert counsel and help you determine whether your case is eligible for nullity.
If your claim does not comply with the grounds, the court may reject it instantaneously.
They can also evaluate your claims and decide whether your marriage is valid or voidable.
Since the marriage certificate is deemed void, annulments do not involve alimony or asset distribution.
In case a child is born out of the wedding, they are legitimate heirs by the Hindu Law to claim parental property but cannot inherit any ancestral possessions.
Annulments have to be filed in the appropriate court of law as specific courts have determined jurisdictions.
Lawyers can help you file your case in the right place in tandem with the Hindu Marriage Act, 1955.
The claim can be submitted at –
- The place of marriage.
- The most recent place of residence as a couple.
- The present location of the wife.
- In case of death or a seven-year absence of either spouse, the present address of residence.
Lawyers can guide you with framing the paperwork if they are provided with the accurate material details and specifications about your union.
They can enhance your claims with a better understanding of your marriage and reasoning.
Providing the required documents allows lawyers to put together a case and be your legal representation in court.
On the fulfillment of annulment, you receive a decree of nullity, officiating your marriage’s non-existence.
Lawyers can also assist in exploring alternate legal courses such as legal separations or uncontested divorces. They provide expert insight and arrive at the best solution for you.