- June 07, 2025
- 01
- 01
Marriage is a sacred bond, but not all marriages are legally valid in the eyes of the law. In certain situations, a marriage may be declared null and void, meaning it is treated as if it never legally existed. Understanding when and why this happens is important—especially in cases involving family disputes or legal complications.
I, Advocate Noor Yaqoob Shaikh, a family law advocate based in Pune, have prepared this legal guide to help you understand the situations in which a marriage may be declared null and void under Indian law.
What is Annulment?
Annulment is a legal procedure that declares a marriage invalid from the beginning. Unlike divorce, which ends a legally valid marriage, annulment establishes that no valid marriage ever existed.
Types of Marriages Under Hindu Marriage Act, 1955
The Hindu Marriage Act (HMA), which governs marriages among Hindus in India, classifies invalid marriages into two categories:
- Void Marriages (Section 11)
- Voidable Marriages (Section 12)
Grounds for Void Marriage
1. Bigamy: If one of the parties is already married and the spouse is still living.
2. Prohibited Relationship: Marriage between close blood relatives (sapinda or within degrees of prohibited relationship), unless allowed by custom.
3. Parties Not of Legal Age: Though this usually applies to voidable marriages, in cases of child marriage, the marriage may be declared void under the Prohibition of Child Marriage Act, 2006.
Grounds for Voidable Marriage
- Impotency: If either party is incapable of consummating the marriage.
- Consent Obtained by Fraud or Force: If the marriage was forced or based on a lie (e.g., hiding a mental illness).
- Mental Disorder: If one party was mentally unstable at the time of marriage.
- Pregnancy by Another Man: If the bride was pregnant by someone else at the time of marriage and the husband was unaware.
How to File for Annulment
To get a marriage annulled, the aggrieved party must:
1. File a petition for annulment in the family court.
2. Provide evidence for the ground on which annulment is sought.
3. The court will issue a decree declaring the marriage null and void if it satisfies legal requirements.
Difference Between Divorce and Annulment
Divorce – Ends a valid marriage; parties become ‘divorced’; may include alimony and child custody.
Annulment – Declares the marriage as never valid; parties are treated as if they were never married; usually no alimony unless court orders.
Landmark Judgments Related to Annulment in India
Conclusion
Understanding the grounds for annulment is crucial, especially for individuals facing complicated family disputes I, Advocate Noor Yaqoob Shaikh, help clients navigate sensitive family matters such as annulment, divorce, or judicial separation with empathy, professionalism, and strong legal advocacy. If you believe your marriage may be legally invalid or have doubts about your legal status, I’m here to help — with confidentiality and care.
For Legal Consultation and Case Review
Call: +91 8291074509
Visit: www.nslegalassociates.in
Office in Pune | Practicing Across Maharashtra