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Natasha   07 August 2017

Marriage annulment of a void marriage

My friend has got married to his paternal first cousin in 2001 in India and they registered the marriage in 2011. For some reason he doesn't want to continue the relationship and want a divorce, his wife is not agreering for mutual divorce, He wants to know the exact procedure for annulment of a void marriage under the section 11 of Hindu marriage Act. The marriage comes under prohibited marriage. Please help us with this regard.


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 8 Replies

Adv Sheetal D Bhutada (Advocate)     07 August 2017

Now your friend have to go for Divorce. As annulment or void marriage limitation is over.

for further consultation you can contact me.
Adv Sheetal
1 Like

Natasha   08 August 2017

Did not understand as to what exactly you meant. Void marriage limitation is over means? Can you kindly elaborate. The marriage is void anyways and has no standing in the order of law then what exactly is the limitation?

Adv Sheetal D Bhutada (Advocate)     09 August 2017

for annulment filing limitation is 1yr from marriage date

now can go for Divorce

Adv Radhika Mehta (Advocate)     09 August 2017

The provisions of Section 5 (iv) are applicable to your friends' case as the marriage took place within degrees of prohibited relation.  Therefore the provisions of Section 11, HMA are attracted, which read as follws:-

11. "Void marriage-- Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Section 5."

Your friends' marriage is void ab-inito i.e. to say void from its very inception.  There is is no need to get a declaration from the court as held by the Supreme court in 

M.M.Malhotra Vs. Union of India and others AIR 2006 SC 80

Natasha   09 August 2017

No where in law says that filing for annulment a marriage which comes under Ab- Initio is 1 year. Void marriage is a marriage which is null and void anyways, a decree is required for precaution. I am amazed to see that how lawyers are not curious to know in detail  with respect to the case and give the best solution to the needy. 

Natasha   09 August 2017

But They have registered the marriage, is it not necessary to take a decree? her name is endorsed in his passport, then how do we remove them from legal documents without a decree

Rishi kumar   09 August 2017

respected experts,

I was surprised when my lawyer said that for nullity one year is the time limit. And when I asked about voidable marriage his face drew a blank , he has not even heard about a voidable marriage. Any how he applied for nullity / dissolution. Even I want to find out the time limit for a voidable marriage. Kindly share your opinions here.

Adv Radhika Mehta (Advocate)     16 August 2017

Depends on what ground of Sec 12, HMA, the Petition has been filed.  If it is on the ground of fraud/ misrepresentation, then the Petition has to be filed within a period of one year from the date of the discovery of the fraud.  If on the ground of pregnancy of the wife, then also within one year. 


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