The circumstances that can result in the termination of marriage

Under certain circumstances, a court can grant a marriage annulment, which means the marriage between the parties is terminated and treated as if it never legally took place. A formal decree of nullity from the court is required to establish this.

Annulment is a legal procedure that declares a marriage null and void. Where specific legal requirements were not met at the time of the marriage, the marriage can be declared void or voidable. While a divorce dissolves a marriage that was valid and did exist, an annulled marriage is treated as never having existed in the eyes of the law. For Hindus, annulment is governed by Sections 11 and 12 of the Hindu Marriage Act, 1955 (HMA), read with the conditions of a valid marriage in Section 5. This article explains the grounds, the limitation periods and the procedure, and how annulment differs from divorce.

Conditions for a valid Hindu marriage (Section 5, HMA)

Section 5 lays down the essential conditions for a valid Hindu marriage. The most relevant for annulment are: neither party should have a living spouse at the time of the marriage; both parties must be capable of giving valid consent and not suffer from a qualifying mental disorder; the bridegroom must have completed 21 years and the bride 18 years; and the parties must not fall within the degrees of prohibited relationship or be sapindas of each other, unless the custom governing them permits such a marriage. A breach of these conditions makes the marriage either void or voidable, as set out below.

When a marriage is void (Section 11, HMA)

A void marriage is a nullity from the very beginning and is treated as if it never existed; strictly, no decree is even necessary, although parties usually obtain one for certainty. Under Section 11, a Hindu marriage is void if it contravenes the following conditions of Section 5:

1. Bigamy — either party had a spouse living at the time of the marriage.
2. Prohibited degrees of relationship — the parties are within the degrees of prohibited relationship, unless a custom or usage governing each of them permits such a marriage.
3. Sapinda relationship — the parties are sapindas of each other, unless a custom or usage governing each of them permits such a marriage.

When a marriage is voidable (Section 12, HMA)

A voidable marriage is valid and subsisting until one of the parties obtains a decree of nullity; it remains in force unless and until it is annulled. Under Section 12, a marriage is voidable and may be annulled on any of these grounds:

1. Non-consummation due to impotence — the marriage has not been consummated owing to the impotence of the respondent.
2. Incapacity to consent or mental disorder — at the time of the marriage either party, though capable of giving consent, was suffering from a mental disorder of such a kind or extent as to be unfit for marriage and the procreation of children (in breach of Section 5(ii)).
3. Consent obtained by force or fraud — the consent of the petitioner (or of the guardian, where consent was required) was obtained by force or by fraud as to the nature of the ceremony or any material fact or circumstance concerning the respondent.
4. Pre-marriage pregnancy by another — the respondent was, at the time of the marriage, pregnant by some person other than the petitioner.

Limitation periods for annulment

The grounds under Section 12 are subject to strict time limits, and a petition may be barred if these are not observed:

• For force or fraud, the petition must be filed within one year of the force ceasing to operate or of the fraud being discovered, and the petitioner must not have lived with the other party as husband and wife after that point.
• For pre-marriage pregnancy, the petitioner must have been unaware of the facts at the time of the marriage, proceedings must be instituted within one year of the marriage, and marital intercourse must not have taken place with the petitioner’s consent after the facts were discovered.

There is no equivalent limitation bar for a void marriage under Section 11, since such a marriage is void from the outset.

Procedure for obtaining a decree

A petition for nullity is filed before the District Court (Family Court) having jurisdiction. The petitioner must plead and prove the specific statutory ground, support it with evidence, and satisfy the court that the relevant conditions and time limits are met. If the court is satisfied, it passes a decree of nullity declaring the marriage void or annulling the voidable marriage, as the case may be. The status of children of such marriages is protected separately under Section 16 of the Act.

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