Marriage Annulment Documents Without Divorce
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How to fill out Annulment Property Settlement, Child Support, And Custody Agreement?
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FAQ
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.
In a single line, the Indian Divorce Act and Hindu Marriage Act have laws related to annulment in India. Indian Divorce Act,1869: Section 18 of the Act gives the right to both of the parties i.e. husband and wife to file a petition for annulment of their marriage.
In India, second marriage without divorce with the first wife is illegal and prohibited. This is a punishable offence and can be penalized harshly. The situation and conditions that make a marriage legal are stated thoroughly in Section 5 of the Hindu Marriage Act of 1955.
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.
Thereafter the person can file the petition where he was born, the marriage was solemnized or has been living together and has to stay for continuous 90 days period before filing the application. The procedure for the annulment is almost similar to the divorce proceedings and can be filed by any of the party.