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Payel Nandi (LAW STUDENT)     07 January 2010

DIFFERENCE BETWEEN ANNULMENT AND DIVORCE OF A MARRIAGE

I WANT TO KNOW WHAT ARE THE DIFFERENCES OF ANNULMENT AND DIVORCE OF A MARRIAGE?



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 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     07 January 2010

A marriage can be annuled by a decree of nullity u/s. 12 of HMA. When  the marriage is declared as null and void, legally speaking,  the parties to the marriage come to the position as if they were not married at all. It is as if the married was not solomnized at all.  

Divorce puts an end to a subsisting marriage, which is legally valid. 

Payel Nandi (LAW STUDENT)     07 January 2010

THANX FOR UR REPLY!!

A V Vishal (Advocate)     07 January 2010

1) Mutual Consent Divorce: In this case, Husband and Wife present the petition for divorce after reaching to the agreement and consensus. In such cases, terms and conditions for divorce are mutually decided between the husband and wife.

2) Contested Divorce: In such cases either of the spouses can file a petition for the dissolution of marriage amongst the grounds available to him/her under the law applicable to them and the petitioner (one who files the petition/case has to prove his case). On successfully proving the charges and grounds, divorce decree is granted by the Court.

A petition for the annulment of marriage is moved on certain grounds specified in various matrimonial laws. Once a petitioner is successful in proving its case, marriage is declared null and void. Resultantly, the court considers that the marriage has not taken place at all and the tag of the 'divorcee' is not attached. Annulment of marriage is very important in the scheme of matrimonial laws as there is no point in carrying the burden of divorce in cases where marriage has been solemnized on the strength of fraud or where the marriage is solemnized despite the fact that the responding spouse was already married.

Grounds for Divorce:
Following are the grounds under which either of the parties are entitled to seek a decree of divorce under the Hindu Marriage Act, 1955:
1. Adultery
2. Cruelty
3. Desertion
4. Conversion or Change of religion
5. Insanity
6. Leprosy
7. Venereal disease
8. Renunciation of World
9. Presumption of death
10. Non-resumption of cohabitation after passing a decree for judicial separation
11. Non-resumption of cohabitation after passing of a decree for restitution of conjugal rights.

Grounds for Annulment-

[(a)     that the marriage has not been consummated owing to the impotence of the respondent ; or]
(b)       that the marriage is in contravention of the condition specified in clause (ii) of section 5;or
(b)               that the consent of the petitioner, or where the consent of he guardian in marriage of the petitioner [was required under section 5 it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978(2 of 1978)], the consent of such guardian was obtained by force [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent ] ;or
(d)       that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

 

Sukhija (Advocate)     13 January 2010

I agree with above views

Hardik Mehta (Family Counsellor)     13 January 2010

Diffrences between annulment and divorce.

Annulment: This means that the marriage has not happened at all. The marriage is declared void if the marriage has happened due to non-consumption of marriage, fraud, force, concelment of the facts or the couple are in the prohibited degree of relationship. In such separation, generally the alimony or maintenance is not given. The persons would regain the unmarried status.

 

Divorce: Divorce is the dissolution of the marriage by both the parties on the basis of cruelty, desertion, adultery etc. Here the alimony as well as maintenance comes into force, if one of the spouse wants. The status after divorce is divorcee for the person.

Nirmal   19 July 2017

A party can seek annulment of his or her marriage by lodging a petition. There are a number of circumstances under which such a petition can be lodged, which we have expertise in. Once the petitioning party is successful in proving his or her case, the marriage will be declared null and void. The practical effect of such a declaration is that the Court finds the marriage has not taken place at all, but the parties are not labelled as “divorcees”.

In the Indian framework, annulment of marriage is important as it provides a mechanism for situations where a marriage has been solemnized under fraud or where one of the spouses is already married.

Hope that helps! :)

Brain2Ressolve   15 June 2021

The most significant distinction between a divorce and an annulment is that a divorce terminates a legally valid marriage, whereas an annulment declares a marriage to be legally invalid.

Divorce is the process of legally dissolving, terminating, and ending a legally valid marriage. Divorce dissolves a legal marriage and declares the spouses single once more.

Annulment: A legal decision that declares a marriage null and void, indicating that the union was never legally valid. The marriage records, however, remain on file even if the marriage is erased. It's important to note that a religious annulment is not the same as a legal divorce.

This is the difference between Annulment and Divorce and this is what any divorce lawyer in Mumbai or in any city would tell you 

 

Shreya Taneja   24 June 2021

Annulment is a legal procedure in which a marriage is declared null and void for a variety of reasons, one of which being that the legal conditions were not met at the time of the marriage. The marriage is not regarded valid if certain legal prerequisites are not met at the time of the wedding. A divorce is a court-ordered dissolution of a legally binding marriage. These phrases refer to two distinct legal ideas. In a divorce lawsuit, the petitioner just wants to end the marriage. The marriage is not challenged by the petitioner. The petitioner questions the marriage's validity while requesting an annulment ruling.


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