Annulment Of Marriage Lawyer In Delhi

When The Marriage Was Never What You Were Told

Some people discover, after the wedding, that their spouse was already married, that a serious illness or inability was hidden, or that consent was obtained through threats. For them, a divorce, which assumes a valid marriage that has failed, does not describe the real problem. What they need is a court declaration that the marriage was invalid, or that it can be set aside.

Annulment can protect you from the stigma of divorce, from maintenance claims in some situations and from living in a legal relationship that was built on a lie. It is not always available, so you need a careful look at the facts first.

Void And Voidable Marriages

Void Marriages (Section 11, Hindu Marriage Act)

A void marriage is treated as invalid from the beginning. It includes marriages where either spouse had a living spouse at the time (bigamy), where the spouses are within prohibited degrees of relationship, or where they are sapindas of each other, unless custom permits. A decree of nullity can be sought from the court to remove doubt.

Voidable Marriages (Section 12, Hindu Marriage Act)

A voidable marriage is valid until a court annuls it. The grounds include:

• Non-consummation of the marriage due to the impotence of the respondent
• Unsoundness of mind or mental disorder that makes the person unfit for marriage at the time of marriage
• Consent obtained by force, or by fraud about the nature of the ceremony or a material fact about the respondent
• The wife being pregnant by someone other than the husband at the time of marriage

Petitions on the ground of fraud or force must generally be filed within one year of discovering the fraud or the force having ceased. Other time limits and conditions also apply, so speed matters.

Annulment Versus Divorce

• Annulment says the marriage was defective from the start or can be cancelled for a recognised defect. Divorce ends a valid marriage on grounds such as cruelty or by consent.
• Children born of void or voidable marriages are treated as legitimate under Section 16 of the Hindu Marriage Act.
• Property and maintenance questions may still arise, and the court can pass orders on them.

How We Prepare An Annulment Case

1. Evidence review. We collect marriage records, medical reports, messages and witness details.
2. Choose the right ground. We decide whether the case is void, voidable or better pursued as divorce.
3. File and serve. We file the petition in the correct Family Court and manage service on the other side.
4. Interim relief. Where necessary, we seek maintenance, custody or protection orders.
5. Trial and judgment. We prove the facts through documents and witnesses and argue for a decree of nullity.

Proving Non-Consummation And Impotence

A petition on the ground of non-consummation must show that the marriage was not consummated because of the respondent’s impotence, and that the condition continued until the petition was filed. Courts rely on medical evidence, the spouses’ testimony and the circumstances of the marriage. Because the subject is private, courts handle such cases with sensitivity, and hearings may be in camera. Medical examination can be sought under the court’s orders.

What Counts As Fraud Or Concealment?

Not every lie is fraud in the legal sense. Courts look for deception about the nature of the ceremony or about a material fact that goes to the root of the consent, such as concealed previous marriage, a serious mental condition or a criminal record in some circumstances. Exaggerating one’s income or social status is generally not enough. The law also requires the petition to be filed within a limited period after discovery of the fraud, so you must act quickly.

Bigamy And Prohibited Relationships

A second marriage during the life of a spouse is void under the Hindu Marriage Act and may also be an offence. Evidence generally includes the first marriage certificate, the second marriage documents and proof that the first spouse was alive and the marriage subsisting. Where spouses fall within prohibited degrees or are sapindas, the marriage is void unless a proven custom allows it.

Effect Of Annulment On Money, Property And Children

• Children of void and voidable marriages are legitimate under Section 16 and have the right to maintenance and, in many cases, to the parent’s property.
• Courts can pass orders on maintenance and on the return of gifts and stridhan.
• The spouse who was deceived does not lose rights simply because the marriage is annulled.

Illustrative Situations

General examples, not real clients.

A hidden first marriage. After the wedding, a wife learns that her husband had not divorced his earlier wife. She seeks a decree declaring the marriage void and claims maintenance and stridhan.

A marriage after pressure and threats. A young man was forced to marry under threats. When he is free of the pressure, he files a petition for annulment within the time permitted.

A concealed medical condition. A spouse learns after marriage that the other had been diagnosed with a serious mental disorder before the wedding. The court examines whether the condition falls within the statutory ground and the time limits.

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