Annulment of Marriage

Annulment is a court order declaring that a marriage was never valid (a void marriage) or that it can be set aside (a voidable marriage). It is different from divorce, which ends a marriage that was valid when it was made. This page is a general overview under the Hindu Marriage Act, 1955. It is not advice on any particular case.

Void marriages

Section 11 of the Hindu Marriage Act says that a marriage is void if it breaks any of three conditions in section 5:

One of the parties had a living spouse at the time of the marriage. See bigamy and divorce in India.
The parties are within the degrees of prohibited relationship, unless a custom allows the marriage.
The parties are sapindas of each other, unless a custom allows the marriage.

Either party can ask the Family Court for a declaration that the marriage is null and void.

Voidable marriages

A voidable marriage is valid until a court annuls it. Section 12 lists the grounds: non-consummation because of the other spouse’s impotence, a mental disorder of a kind that makes the person unfit for marriage, consent obtained by force or fraud, and the wife being pregnant by someone else at the time of the marriage. Time limits apply to some grounds. See voidable marriages in India.

Under the Special Marriage Act, 1954

Marriages registered under this Act have comparable rules. Section 24 deals with void marriages and section 25 with voidable ones.

What annulment does

The court can deal with the maintenance of a spouse and with the custody and upkeep of children in the same proceedings.
Under section 16 of the Hindu Marriage Act, children of a void or an annulled voidable marriage are treated as legitimate.

How it begins

A petition is filed in the Family Court that has jurisdiction. The court issues notice to the other spouse, the parties present their evidence, and the court passes a decree if it is satisfied that a ground is made out. An appeal from a Family Court decree lies to the High Court.

If a marriage is valid but the spouses want to end it, see mutual consent divorce and contested divorce. For living apart without ending the marriage, see legal separation.

Frequently asked questions

Is annulment the same as divorce?

No. Divorce ends a marriage that was valid when it was made. Annulment is a declaration that a marriage was void from the start, or an order setting aside a voidable marriage.

Who can ask for an annulment?

For a void marriage, either party can petition under section 11 of the Hindu Marriage Act. For a voidable marriage, the petition is brought by the spouse the ground affects, within the time limits in section 12.

Is there a time limit?

Some grounds for a voidable marriage must be raised within one year, as section 12 explains. Section 11 does not set a time limit for a void marriage.

Are the children of an annulled marriage legitimate?

Yes. Under section 16 of the Hindu Marriage Act, children of a void marriage, and of a voidable marriage that is annulled, are treated as legitimate.

Which court hears an annulment petition?

The Family Court that has jurisdiction over the matter.