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What is Annulment?
An annulment is a legal declaration that a marriage is null and void, as if it never legally existed. Unlike divorce, which ends a valid marriage, annulment asserts that the marriage was never valid due to specific legal grounds. These include issues like lack of consent, fraud, mental incapacity, bigamy, or underage marriage.
Laws Governing Annulment in India
In India, the process and grounds for annulment of marriage are governed by various personal laws based on religion. These laws include:
- The Hindu Marriage Act, 1955: Section 12 outlines the grounds for annulment, such as bigamy, coercion, mental illness, or non-consummation due to impotency.
- The Indian Christian Marriage Act, 1872: Allows for annulment based on grounds like lack of free will or fraudulent consent.
- The Parsi Marriage and Divorce Act, 1936: Provides provisions for annulment in cases of incapacity, fraud, or force.
- The Special Marriage Act, 1954: Applicable to interfaith and civil marriages, annulment can be sought for reasons such as unsound mind, coercion, or concealment of material facts.
- Muslim Personal Law: Recognizes annulment (known as "Faskh") for reasons like fraud, non-disclosure, or inability to perform marital obligations.
It is crucial to approach the annulment process with proper legal guidance to navigate the procedural requirements effectively.