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Shailesh (Businessman)     10 July 2021

What are the grounds for annulment of a marriage?

On what grounds can a marriage be annulled? Which is the least harmful reason which can be given by the parties without harming reputation of either side especially if it is a mutual agreement?


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 3 Replies

Adv. Morzaria (Advocate )     11 July 2021

Kindly share the consent terms mutually agreed upon by the parties

Shailesh (Businessman)     11 July 2021

@Rajiv - The boy refused to initiate physical relationship, showed signs of schizophrenia etc which were the real reasons but they want to give reason that they mutual understanding is not there. 

Kevin Moses Paul   15 July 2021

As per your query let me enlighten you with all that is requisite to be understood in order to grasp the concept of annulment more clearly.

So let us start with the concept of marriage. Basically a marriage plays a crucial role in formulating a social organizational structure, in addition to which it also helps in laying down the foundation of some very important rules and regulations which are important to prevent disputes the social structure formulated.

In a Hindu Law, a marriage is not just an agreement between two people to reside and abide together, but instead it's more of a sacrament which is also referred as 'Samaskara'. Therefore, a marriage in Hindus is said to bind both the parties (i.e. spouses) with eachother for their entire life, with a motive or intention to perform their duty (or 'dharma'); artha (or 'possessions'), kama (or 'physical desires') and most importantly moksa (or 'ultimate spiritual release').

In the Legal System, annulment refers to making a voidable marriage null which means that if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.

So, in simple terms we can say that an Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted.

A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law.

This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus, unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:

1) Either spouse was already married to someone else at the time of the marriage in question,

2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age),

3) Either spouse was under the influence of drugs or alcohol at the time of the marriage,

4) Either spouse was mentally incompetent at the time of the marriage,

5) If the consent to the marriage was based on fraud or force;
6) Either spouse was physically incapable to be married (typically, chronically unable to have s*xual intercourse) at the time of the marriage,

7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world,

8) Prisoners sentenced to a term of life imprisonment may not marry and,

9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a s*xually transmitted disease).

Hope It Helps

Regards
Kevin M. Paul

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