After How Many Years of Separation is a Marriage Annulled in India

After How Many Years of Separation is a Marriage Annulled in India

Before we proceed to the steps involved in applying for an annulment in India under the Hindu Marriage Act, 1955, we need to explain what an annulment means and how it differs from divorce, as many people do not understand the legalities involved in both of these terms and therefore end up taking the wrong legal solution, which has implications.

What is the annulment of marriage?

Marriage is effectively rendered null and void by annulment. The couples are ‘legally’ married by divorce; therefore, after a divorce order is granted, they become divorcees because their marriage was legitimate and has now been dissolved. However, you are not known as “divorcees” because the marriage was annulled, unless the annulment terminates the marriage and declares that there was never a marriage between the man and woman involved in the first place. However, not every couple will prefer annulment because there are certain reasons for seeking an annulment, which we will discuss in the following chapters.

Step by step procedure of getting an annulment in India

1. Find yourself the best divorce lawyers

You’ve heard that you need the best divorce lawyer in Chandigarh to contest your case. Most importantly, it is the lawyer’s duty to justify and make you understand whether or not you are qualified for an annulment, because if you do not satisfy the annulment requirements and file the case in court, your time and resources will be wasted. Furthermore, if you are qualified for an annulment, you will be consulted by a lawyer and assisted in avoiding the error of filing for divorce.

2. Understand if you’re eligible for an annulment or not

This is a required and beneficial move that is a component of step 1. Marriages can be classified into the following categories based on their legality:

There are three types of marriages: legitimate marriages, void marriages, and voidable marriages.

As the name means, valid marriages are marriages that are lawful and recognized by statute. As a consequence, if your marriage falls into the above-mentioned category, the only way to end it is by divorce. What exactly is a legal marriage, you ask? Okay, those that have been solemnized are valid marriages:

1. Between two consenting adults, i.e. 18 years or above female and 21 years or above male;
2. Neither of them has a spouse living at the time of marriage;
3. Neither of them is within the prohibited degrees of relationship;
4. Neither of them is Sapindus of each other;

So, if your marriage meets any of the above conditions, it is a valid marriage, and the only way to leave it is by divorce. However, if any of the above conditions are not met, the marriage is null and void. Void marriages have no legal standing and are illegal in India. So, if a marriage is invalid, it is up to you if you want a court to issue a declaration of nullity.

In the case of voidable marriages, the conditions mentioned above are not violated, but these marriages:

1. The marriage could not be consummated owing to the impotence of either party;
2. The consent taken during the marriage was given under unsoundness of mind;
3. The wife was pregnant with someone else’s child when the marriage was solemnized;
4. The consent during the marriage was taken by force or fraud.

If any of these circumstances occur during the marriage ceremony, the suffering spouse can petition the judge for an annulment. However, before filing a case for marriage annulment, the following conditions must be considered:

a.You can not apply for annulment if a year has passed after you became aware of the fraud or force in question.

b. If you were aware of the coercion and deception but want to live as husband and wife with your partner, you would not seek an annulment.

c. If you were aware of the wife’s pregnancy with someone else’s offspring and still want to marry her, there is no grounds for annulment.

3. Determine the place of filing the case for annulment

The status (whatever the case may be) for bringing a case is very important, because not every court is qualified to hear a case at your discretion because each court has a particular jurisdiction. In the case of Hindu Marriage Act, 1955 matters, a proceeding may be initiated in one of the following locations:

a. The location of your wedding.
b. The location where you and your partner last lived as husband and wife.
c. The spot where the wife is actually living.
d. In the case of a death assumption, i.e. the companion has not been heard of or his/her whereabouts have been unknown for up to seven years, the place in which you currently reside.

4. Provide all the details to your lawyer

You are not allowed to withhold any details from your lawyer (s). Why is this so? And if you withhold material details about your case from your lawyer(s), there is a chance of problems in court that your lawyer may be unprepared for and will confuse him/her as a result of your decision to conceal this stuff.

Furthermore, there is no need to consider asking the lawyer for information because everything you say is exclusively private, and the lawyer(s) can not use those details against you unless you happen to change lawyers due to the attorney-client privilege.

5. Provide all the documents to your lawyer

The basic rule for any litigation is that you must turn over all relevant records to your lawyer that are critical to your case and these documents must be used in your annulment petition. In contrast, the document(s) you send to your lawyers helps them to build the case on substantial evidence, giving your arguments the necessary boost.

6. File the annulment petition and be actively involved

No, while your lawyer expects you to be actively involved in the litigation, your engagement does not end with the filing of the case. As the case proceeds, the divorce/annulment lawyer will have questions for you to answer and you must be involved in the proceedings.

7. Get the annulment decree

The judge will grant a decree in your favour before you can prove your case in court. You may obtain a copy from the court by paying the appropriate fee before the declaration of nullity is given.

If there are more questions on your mind About After How Many Years of Separation is a Marriage Annulled in India, contact our distinguished lawyers in Chandigarh. We are now aware of the process of obtaining an annulment in India.