Summary of the Payment and Settlement System Act, 2007
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:47:16
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:47:16
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:10:41
by: Adv. Kishan Dutt Kalaskar 2023-02-03 22:32:13
by: Admin 2023-02-01 16:45:35
by: Admin 2023-01-30 17:32:25
by: Admin 2023-01-30 17:16:37
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Rafale Deal And All About The Controversy
A marriage is a foundation that sets out the rules and regulations that defines obligations, duties, rights, responsibilities and privileges of husband and wife. It is considered as a contractual agreement between two parties which lays out expectations of behaviour and carrying out duties. Marriage is a social bounding which stabilizes and formalizes the social relationship that comprises a family.
As marriage is considered a contract, like every contract, there are specific terms and conditions through which the marriage can be revoked. One such process, through which the marriage can be ended, is “Annulment of Marriage.”
Annulment of Marriage
Annulment of Marriage refers to the legal procedure which erases the marriage as if the marriage never took place. It declares the marriage null and void. The main issue under Annulment of marriage is that whether a valid marriage took place or not. It questions the validity of the marriage, rather than questioning the sustainability of marriage. Annulment is generally filed by those couples who don’t want any further duties or obligations with respect to each other after the marriage is over.
However, it is crucial to understand that the Annulment of Marriage is not the same as Divorce. Though both the terms deal with termination of a marriage, but in reality, they are dissimilar in many ways.
Basis of differentiation |
Annulment of Marriage |
Divorce |
Purpose |
To declare the marriage null or void which was invalid |
To end a valid marriage. |
Status |
Single/Unmarried |
Divorced |
Marriage previously existed |
No |
Yes |
Legality |
A high degree of legal procedures |
Low degree of legal procedures |
Alimony |
No (as no obligations or duties exist) |
Possible (depends upon the parties) |
Witness and Proof |
Yes, as it is essential to prove that marriage was null or invalid |
No ( if it is a mutual or no-fault divorce) |
Grounds-specific |
Yes |
No (if it is a mutual or no-fault divorce) |
Division of Property |
No (As after annulment, both the parties lose all their rights on one another) |
Yes (Depends on the decision of both the parties) |
Children considered Legitimate |
Yes |
Yes (child custody can remain with both or either with a single parent) |
Length of time required for filing |
Immediately |
No prescribed time period |
Grounds of annulling a Marriage
The grounds for annulling a marriage are as follows:
Laws relating to Annulment of Marriage in India
Several laws deal with the nullity of marriages in India. They are:
A Hindu marriage is applicable for annulment if either of the spouses:
A Christian marriage is applicable for annulment if either party:
A Parsi Marriage is applicable for annulment if either party:
A Muslim marriage is applicable for an annulment if either party:
This law is applicable to those people, who belong to any religion undergoing a civil marriage.
Procedure for obtaining Nullity
Step 1: Petition for annulment of a marriage shall be presented before the court of law.
Step 2: The Jurisdiction of the case is decided, depending upon where the respondent and defendant resides or the place where the marriage took place.
Step 3: The court then issue notices to either the respondent or defendant to submit a reply before the court.
Step 4: After hearing both the parties and witnessing the evidence, the court decides the matter and grants a relief accordingly.
Under the Hindu Marriage Act, 1955 and Special Marriage Act, 1954, the court is the Family Court or the City Civil Court. On the other hand, Under the Parsi Marriage Act, the court is the one which is established under the act. It is also important to note that, the court does not decide annulment of Muslim Marriages, but it is instead determined by their religious practices.
Child Status in a Void or Voidable Marriage
Rights of Wife
It has always been a topic of debate, whether a wife should be entitled to alumni or maintenance by her husband in cases where a marriage is declared null and void by the court. A woman is considered to be an “ex-wife” if she has been divorced or out of a marriage. According to some recent Supreme Court verdicts, a wife is entitled to maintenance from her husband, if the marriage is declared null and void due to the mischief or the wrongs committed by the husband under Section 125 of Cr.P.C. However, both the husband and wife are not subject to any kind of responsibilities or duties towards each other after the marriage is annulled. The wife and husband are free and
Case Laws
Various judgments have been passed by the Supreme Court in situations where either party demands nullity of a marriage.
T K Surendran Vs P Najima Bindu
IA No. 1/2016
The above case deals with the situation, where the wife filed a petition for annulling a marriage due to the impotence of the husband. Under such situation, the Supreme Court of India granted maintenance rights to the wife by the husband on the grounds that, in the current scenario the marriage is being declared null due to the husband’s wrong or mischief and therefore maintenance would be awarded to the wife under Section 125 of Cr.P.C. Supreme Court upheld the Kerala High Court judgment of making husband liable to pay compensation to the wife.
Kollam Chandra Sekhar Vs. Kollam Padma Latha
In this case, the husband filed the petition seeking annulment of the marriage. The husband stated that the wife was suffering from a disease known as schizophrenia (a mental disability). The Supreme Court in this situation did not granted annulment stating that schizophrenia cannot be a suitable ground to dump the wife. The court further observed that schizophrenia is a mental disability which can be put on par with hypertension and diabetes. Supreme Court stated illness has its problems, but it cannot be considered for declaring a marriage void,especially after a child is born. The Court directed the wife to continue with the treatment.
Conclusion
In India, marriages are governed through different laws; likewise, annulment of marriage is also regulated through various laws. Marriages in India are considered to be a religious practice which is necessary for the future of a family. Therefore, it is essential that they should take place legally and not under force or any societal pressure. Facts of both the girl and boy should not be concealed to lead a happy married life. However, an annulment is a better process to set off a marriage then divorce, if the necessary grounds are available. It is highly advisable to appoint a legal person to go through the process of annulment so that there are no adverse consequences, and the process could be conducted smoothly.
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