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Grounds for Annulment of Marriage in India: A Comprehensive guide

Grounds fo

Marriage is a legal contract between two individuals who agree to live together as a husband and wife. However, sometimes, the marriage can turn out to be a mistake due to various reasons. In India, there are legal provisions for the dissolution of marriages, including annulment. Annulment is different from divorce as it means that the marriage was never valid from the beginning.

What are all the Grounds for Annulment of Marriage?

Here are the grounds for annulment of marriage in India:

  1. Consanguinity: If the marriage is between two individuals who are closely related to each other, such as siblings, uncle-niece, aunt-nephew, etc., it is considered void ab initio (invalid from the beginning).
  2. Underage Marriage: If either of the parties is below the legal age of marriage, the marriage is considered voidable at the option of the underage party.
  3. Unsoundness of Mind: If either of the parties is of unsound mind, the marriage is considered voidable at the option of the sane party.
  4. Force or Fraud: If the marriage is conducted by force or fraud, it is considered voidable at the option of the innocent party.
  5. Impotency: If either of the parties is unable to consummate the marriage due to impotency, the marriage is considered voidable at the option of the other party.
  6. Existing Marriage: If either of the parties is already married to someone else at the time of marriage, the subsequent marriage is considered void.

Annulment Procedure

Annulment of marriage can be initiated by either of the parties to the marriage or by any person who has a valid interest in the marriage. The annulment petition must be filed in the family court of the jurisdiction where the parties last resided together.

The court will examine the evidence and make a decision on whether the grounds for annulment exist. If the court finds that the grounds for annulment exist, the marriage will be declared null and void.

Conclusion

Annulment is a legal process to declare a marriage null and void. The grounds for annulment are specific and must be proved in court. If you are considering annulment of your marriage, it is important to consult an experienced family court lawyer. At Rajendra Law office, our family court lawyers have extensive experience in handling annulment cases. Contact us today to schedule a consultation