When Marriage Is Considered Null And Void? A Legal Guide

Introduction

Have you ever think that your marriage is legally valid or not? Many people get to know afterwards that their marriage cannot be acknowledged by law due to specific legal grounds. This situation can be overwhelming and emotionally tensed. This guide will assist you that when marriage is considered null and void, what are its legal ground, and how you can protect your rights promptly.

Which type of marriage is null and void?

1. Bigamous Marriage: When either spouse performs other marriage, who already has a living partner during marriage, this second marriage will be considered null and void.

2. Marriage within Prohibited Relationship: The marriage will be void if both the partners perform marriage who are closely related by blood or family, will be considered void, unless a tradition or custom allows it.

3. Non-fulfilment of Mandatory Legal Conditions: If essential legal conditions under personal law are not fulfill, like not attaining the legal age, the marriage will have no legal validity.

4. Fraudulent or Invalid Ceremony: If marriage is performed without the consent of other partner, or the consent was obtained by force, the marriage will be treated as void in law.

What if either party hides the major fact like age, religion, or serious health issues? If either party hides the major fact like age, religion, or serious health issues, this does not automatically make a marriage void, but it makes the marriage voidable, which means that it will remain valid unless the affected spouse takes legal action.

Void vs Voidable Marriage

Who has right to challenge a Void or Voidable Marriage?

• Void Marriage: It can be challenged by either spouse at any point of time as it is invalid from the beginning. Basically, it does not have any prescribed time limit, it can also be file after several years.

• Voidable marriage: It can be challenged only by the affected spouse. The petition for annulment must be filed within one year from the date the fraud is discovered according to The Hindu Marriage Act.

Which court has jurisdiction to decide nullity of marriage?

A petition for annulment is filed before the Family Court or District Court which has jurisdiction to decide the matter. Jurisdiction lies where the parties last resided together, where the marriage was solemnized, or where the respondent is currently living. In some cases, the petitioner’s place of residence may also be taken as jurisdiction as per personal law.

What documents are required to file an annulment petition?

• Marriage certificate or proof of marriage ceremony

• Identity and address proof of both parties

• Proof which supports the ground of nullity like, earlier marriage proof, relationship documents, medical records, etc.

• Photographs of marriage, if available

• Affidavit and court pleadings

Can you claim maintenance after annulment of marriage?

You may claim maintenance under Section 144 of Bhartiya Nagrik Suraksha Sanhita 2023 and Section 24 and 25 of Hindu Marriage Act 1955 after annulment of marriage depending on the circumstances of case, conduct of parties, and the financial situation of parties.

Can you file a police complaint for bigamy and marriage by fraud?

Filing complaint is possible in both the situations, the aggrieved spouse can approach the police to register FIR for bigamy and marriage by fraud. But FIR does not automatically make the marriage annul.

How to file for annulment of marriage?

1. Determine Grounds: Firstly, you should identify your marriage if it is void or voidable under the specified law.

2. Draft Petition: Hire an experienced lawyer who will prepare the annulment petition with all the detail facts, legal grounds, and supporting documents or evidence.

3. File Petition: The petition will be submitted in the Family or District Court having jurisdiction to make marriage annul.

4. Serve Notice: The court will issue the notice to other spouse, who has right to either contest or admit the annulment petition.

5. Court Hearings: Both the parties will present their own evidence and witnesses, the court will examine whether the marriage meets legal annulment norms.

6. Court Decree: The court will declare the marriage null and void by issuing several other orders if applicable.

7. Register Decree: The annulment decree has to be registered with the local marriage registrar to make it official in legal records.

How much time does it take to get an annulment decree?

The time to obtain an annulment decree depends on the court and complexity of the case. If it is uncontested then it usually takes 6–12 months, but in case of contested annulment it may take several years.

How Lead India can help you?

• Legal Guidance: Verify whether your marriage is void or voidable and advises the best course of action.

• Petition Filing: Draft and file an annulment petition with strong legal grounds, containing all facts, documents or evidence.

• Court Representation: Represent on behalf of you in Family or District Court hearings.

• Reliefs & Maintenance: Help to secure your interim and final maintenance, alimony, or custody if granted by court.

• Complete Support: Manage the case from start to decree registration, protecting your rights throughout.