A Brief Introduction to the Annulment of Marriage
Marriage is a sacred step of life and social institution, and anyone getting involved in this step with the life partner must have agreements and mutual understanding with the partner and it’s the step that must proceed with the explicit information and the understanding. However, before entering this life either spouse, their parents, relatives and all become assured about the lifestyle, financial status, physical strength and all for the spouse, and apart from these, if there are any defects in the spouse, and these defects were concealed before the marriage, then, it can be considered as nullity of marriage, especially whenever there some objection from any parties with the relevant evidence. However, certain terms and conditions can be considered as per the Hindu Marriage Act of 1955. Various grounds might be considered for the annulment of marriage, especially when it is challenged in court, and these are the following.
- If there is concealment of addiction: If the spouse is addicted to drugs and other evil nature, then the nullity of marriage can take place.
- If the spouse is already married: In many cases, it is often found that the spouse has a pre-marital affair and they were married previously, but concealed this relationship and again got married, which might be there for many reasons like social image, family pressure and all. So, in that case, if the evidence of a previous marriage is presented, the marriage can be cancelled in court.
- If the marriage was accomplished in an unconscious state: As per the Hindu Marriage Act, it is essential for the spouse they must be conscious at the time of marriage and everything i.e., the rituals of marriage must be accomplished in the completely conscious mind.
- If the spouse was mentally imbalanced: If the spouse was mentally incompetent at the time of marriage and it was concealed, then it might be the perfect reason for cancellation of marriage, and it’s considered as a valid ground for the divorce also.
- If the marriage was based on the fraud: In many cases, there are involvement of fraud cases in the marriage where lots of misinformation is conveyed before marriage and after the illustration of that misinformation, it always becomes difficult for the survive and to maintain understanding due to the lack of trust and therefore, it might be the ground for the annulled marriage.
Brief details about the Annulment vs Divorce
After the brief details and illustrating the ground for the annulment of marriage, it is essential to discriminate between annulment and divorce and it is also necessary to know the consequences of the divorce and annulment and various grounds that may affect the life therefore, it is necessary to know them in detail.
Divorce Procedure is the legal termination of the marital life and after that, it is essential to follow the decision and direction of the court like maintenance, alimony, child custody and all. Therefore, it is different from the annulment of marriage.
Whereas annulment of marriage is the legal process that proves the marriage as invalid and therefore in this case there are no financial obligations, especially when the length of marriage is very short.
Considering section 11 of the Hindu Marriage Act there are some differences between divorce and annulment, and these are reflected in almost all statuses.
- Marital Status
Once any marriage is proved invalid considering all the grounds, then the marital status of the spouse will be “single or unmarried” after the annulment of marriage. They can legally proceed with the other marriage. However, certain terms and conditions must be considered like the length of the marriage, and it will become the prominent factor.
Whereas in the case of divorce, the spouse will be treated as married or divorced and there will be certain obligations.
- Financial Obligation
There will not be any financial obligations for the spouse in the case of annulment of marriage and therefore it will be different from the divorce.
- Alimony
There will not be any financial obligation in the case of the annulment of marriage and the spouse or husband will not be forced to pay the maintenance.
It’s the prominent factor that must be considered in both cases, either in the case of annulment of marriage or divorce. Because child custody is always given to the parent, especially who can maintain the nourishment.
Conclusion
Although it’s tough to know the legal terminologies due to the cumbersomeness of the marriage act and its clauses, therefore, it is essential to get a consultation from a divorce lawyer, where you can get personal counseling for your problems especially if you are facing such issues. You can get better insight into the annulment vs Divorce where all the grounds and parameters are considered for the final decision.