Marriage Annulment Documents Within India
Description
How to fill out Annulment Property Settlement, Child Support, And Custody Agreement?
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FAQ
There is no prescribed time for annulment of marriage through the Family Court. Depending on the court's calendar, the entire process may take six months to four years. Annulment of marriage may take as much time as a divorce case, depending upon the facts of the case.
In India for Hindus under the Hindu Marriage Act, 1955 non consummation marriage owing to the impotence of the respondent can be ground for annulment of the marriage under section 12(1)(a).
An application for annulment of marriage can be moved under the Hindu marriage act immediately. The act contains grounds for annulment in case of non consummation. You cannot move an application under the special marriage act unless you married under the act. Non consummation is a ground.
Under Section 18 of the Indian Divorce Act, 1869, any husband or wife can move to the District Court or to the High Court by filing a petition that his or her marriage may be declared as null and void. Section 19 of the act provides for the grounds for passing such a decree of nullity of the marriage.
Either party can therefore marry again. However after obtaining a decree of divorce the second marriage of a party to the marriage will be legal and valid only if no appeal is provided, or no appeal is presented or after the appeal is disposed of. (See Section 15 of the Hindu Marriage Act 1955).