ANNULMENT OF MARRIAGE : HOW-TO GUIDE ON CONDITIONS, PROCEDURE AND LAWS IN INDIA
The declaration of a voidable marriage as null is annulment of marriage. Compared to divorce, annulment completely erases the marriage while divorce doesn’t. The process makes the marriage null and void as if there was no marriage in the first place. Such annulment of marriage petition can be filed under the Section 12 of Hindu Marriage Act.
DIFFERENCE OF ANNULMENT OF MARRIAGE FROM A DIVORCE DECREE
While divorce ends a legal marriage, annulment removes all records, or a pre-existing marriage declaring it to be void and null. In other sense, as if the marriage never happened. In addition, divorce procedure, whether it is mutual consent divorce or contested divorce, takes more time depending upon the case complexity and parties’ settlement agreement. However, in this case , the procedure can be faster if the proper evidence can be produced for the grounds given for marriage.
CONDITIONS / GROUNDS FOR ANNULMENT OF MARRIAGE
Already married before.
Too young.
Under influence of drugs/alcohol.
Mentally incompetent to marry.
Approval based on a fraud/force.
Physically incapable (or sexually incapable) of marrying
Prohibited by law due to relationship between the parties
Life imprisoned
Concealment
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