What is Law Regarding Annulment of Marriage in India?

Annulment of marriage refers to the legal process of declaring a marriage null and void. In India, annulment of marriage is governed by the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. In this blog post, we will discuss the law regarding annulment of marriage in India.

Grounds for Annulment:

Under the Hindu Marriage Act, 1955, a marriage can be annulled on the following grounds:

1. Failure to consummate the marriage
2. Mental disorder of one of the spouses
3. Leprosy
4. Venereal disease
5. Unsoundness of mind of one of the spouses
6. Renunciation of the world by one of the spouses

Under the Special Marriage Act, 1954, a marriage can be annulled on the following grounds:

1. Either spouse was already married at the time of the marriage
2. Either spouse was under the age of 18 at the time of the marriage
3. Either spouse was of unsound mind at the time of the marriage
4. The marriage was not consummated due to the wilful refusal of either spouse

Procedure for Annulment:

The procedure for annulment of marriage in India is as follows:

1. Filing of Petition: The first step in the annulment of marriage is to file a petition in the appropriate court.
2. Service of Summons: The next step is to serve the summons on the respondent, i.e. the other spouse.
3. Evidence: The court will then ask for evidence to support the petition for annulment.
4. Judgment: After hearing both parties, the court will give its judgment, declaring the marriage null and void.

Time Limit for Filing a Petition:

Under the Hindu Marriage Act, 1955, a petition for annulment can be filed within one year of the marriage. Under the Special Marriage Act, 1954, a petition for annulment can be filed within two years of the marriage.

Conclusion:

In conclusion, annulment of marriage in India is governed by the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. A marriage can be annulled on specific grounds, such as mental disorder, failure to consummate the marriage, or unsoundness of mind. The procedure for annulment of marriage involves filing a petition in the appropriate court, serving the summons, presenting evidence, and obtaining a judgment from the court. It is essential to understand the law regarding annulment of marriage in India to make informed decisions in the event of a marital breakdown.