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File a petition: To start the process, you will need to file a petition with the appropriate court, either in the jurisdiction where you reside or where the marriage took place. The petition should include the grounds for annulment or divorce, along with any supporting documentation.
An annulment of marriage can be sought on grounds of fraud, coercion, undue influence, or misrepresentation under Section 19 of the Divorce Act, 1869, Section 12(1)(c) of the Hindu Marriage Act, 1955; and Section 25(iii) of the Special Marriage Act, 1954.
As per Legal terminology, the term annulment refers making a marriage null and void/voidable; in case the marriage is void ab initio (which means the marriage is considered to be invalid from its inception), then it shall be automatically null, even though the statement of nullity is required to be established.
An annulled marriage is erased from a legal perspective, and it declares that the marriage never technically existed and was never valid.
Either party to a marriage, if incapable of giving valid consent due to the unsoundness of mind can lead to annulment. If either party is unfit for marriage and the procreation of a child, then the marriage can be annulled. Neither party to a marriage should be subject to recurrent attacks of insanity.