As per Legal language, the term annulment refers making a marriage null and void/voidable; in case the marriage is void (which means the marriage is considered to be unacceptable from its inception), then it shall be automatically null, even though the statement of nullity is obligatory to be established. Annulment is a legal process for statement of marriage null and void. It can only be stated null and void if there are certain legal supplies were not met at the time of the marriage and then it is considered to have been never existed, legally. This process is known as annulment which is very different from divorce. The clear difference between annulment and divorce is that the annulment refers to the marriage which is never existed at all whereas the divorce dissolves the marriage.
Grounds for Annulment
The grounds for a wedding annulment are diverse to the different authorities but are limited to fraud, two-timing, blood relationship and mental ineffectiveness and include the following situations as well:
- Any of the spouse was already wedded to someone at the time of the marriage
- Any of the spouse was young to get marriage or marries without the agreement of parents/court
- Any of the spouse was under the effect of drugs or alcohol at the time of the marriage
- Any of the spouse was psychologically incompetent
- If the consent was got through fraud or force
- Any of the spouse was physically inept to get married (basically he is unable to have sexual intercourse)
- The spouse who is sentenced for a living term imprisonment.
Void Marriages: How can it be annulled?
According to Section 11 of Hindu Marriage Act, 1955, which contracts with void marriages described as the marriage formalized after the beginning of the Act shall be null and void and become null and void by giving a petition through any of the party on the basis of the above mentioned grounds. In case any of the spouses was still legally wedded to another person at the time of the marriage to the other spouse then the marriage is considered to be void and no requirement for applying the annulment before the court is obligatory.
Voidable Marriages: How can it be annulled?
A voidable marriage is basically a legal marriage which can be cancelled by any one of the parties to the marriage and is disputed in the court on the basis of the below mentioned grounds:
- No consummation of marriage because of inability of the partner;
- Any of the spouse if do not provide the free agreement to it or in the consequence of mistake, unsoundness etc.
- Any of the spouses is mentally disordered person but has given the valid consent for marriage and that person falls under the realm of the Mental Disorders Ordinance 1952 Act.
- Any of the spouse is suffering from the venereal disease which is in a infectious form;
- The wife is pregnant with some other individual at the time of marriage.
Annulment Process
Basically the process of annulment of marriage is not a mutual process therefore a person applying for the annulment has to meet the residency requirement where he/she is staying. Afterwards the person can file the petition where he was born; the marriage was formalized or has been living together and has to stay for continuous 90 days period before filing the application. The process for the annulment is almost similar to the divorce proceedings and can be filed by any of the party. However, the divorce is considered to be the most complex process as liken to the annulment.
Rights of Children to Property Inheritance after cancellation of Marriage
a) The rank of legitimacy, that is declared by section 16, is part of the incidence of birth.
b) The kids born in a void or voidable marriage should be legitimate. If they were stated legitimate, then they cannot be discriminated against and they will be on a par with other legitimate children and be entitled to all the rights in the belongings of their parents, both self-acquired and ancestral.
c) The thought status of legality entitles such children to inherit and demand partition of only the properties of their parents and excludes any other properties. In the case of joint family property, such children will be permitted only to a share in their parents’ property but they cannot claim it on their own right. The partition of a family property, the property falling in the share of the parents of such children is stared as their self-acquired and absolute property.
Right of Requesting Maintenance by a Woman after Annulment of Marriage
One-sided divorcees (wives) whose marriages stand ended by acts of their husbands and persons whose marriages have been terminated by intervention of Courts at the instance of either spouse, are surely included within the sweep of the inclusive definition of “Wife”. The Legislature by a bold involvement included women of such dismissed marriages also within the sweep of the expression “wife” subject to an important condition that they should not have re-married. Right to maintenance under Section 25 of the Act, to a woman whose marriage is in breaking with Section 5(i) of the Hindu Marriage Act 1955, and has been declared null and void by a court has been faced by various High Courts as well as the Supreme Court, and the courts have given different views depending on the evidence and circumstances of each case.