Before we can get into the details of filing an annulment in India under the Hindu Marriage Act 1955, we need to first understand what annulment means and how it differs form divorce.
What does it entail to annul a marriage?
Annulment of marriage renders the marriage null. Annulment means that the marriage is null and void, and that the couple has never been married.
Step by step procedure to annulment in India
1. Find the best divorce lawyers
An attorney can help you decide if you are eligible to an annulment. They will also guide you through the process so you don’t make a mistake when filing for divorce.
2. Find out if your eligibility for an annulment
This is an important and essential part of step 1. Based on their legality, marriages may be divided into:
- Marriages that are valid
- Void Marriages
- Voidable marriages
Two consenting adults (i.e. For females, 18-years-old or older and for males, 21-years-old or more
They do not have a spouse at the time they are married.
They can’t be in a relationship that is forbidden.
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They do not have to be mutually Sapindas.
If you meet all the conditions above, you can end your marriage. A court can issue a nullity order if a marriage is declared invalid. A void marriage is not legal and has no legal validity.
If any of these conditions were present at solemnization, the court can annul the marriage. The following information should be considered before you file a case to cancel the marriage:
- If one year has passed since your first encounter with fraud or force, you cannot cancel your license.
- If you were aware of fraud and force, but still decided to stay with your spouse as husband/wife, an annulment cannot be filed.
- If your wife was pregnant by a child from another woman, but you still decide to marry her, there are no grounds for annulment.
- Locate the place where the annulment case is filed
It is crucial to choose the right court for your lawsuit. Your case may not be heard by every court. You can start proceedings in any one of these locations for matters under the Hindu Marriage Act 1955
- The place where you were married.
- Last place you were married or together.
- The current residence of the wife.
- If the spouse is presumed to have died, the current place where you reside will be taken into consideration.
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- All details should be provided to your lawyer
All information is confidential and, even if you change lawyers, the lawyer(s) cannot use it against your because of the attorney–client privilege.
Your lawyer(s), must be able to answer all your questions.
It doesn’t matter what you tell your lawyer.
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6. Your lawyer should have all documents.
It is a standard rule to give all documents to your lawyer for every case. This will enable them to build your case based on substantial evidence, and give you the boost you need.
7. You can file an annulment petition and can participate actively
Your divorce/annulment lawyer may ask you questions as your case develops. The lawyer will also require you to participate actively in the litigation.
8. Receive the annulment decree
You will be able obtain a copy of the court’s decree of nullity after it has been passed.
We now know how to get an annulment in India. You can contact a divorce lawyer near you.