Unlike a divorce, which terminates a valid marriage, an annulment treats the marriage as if it never existed in the first place.
Under Hindu law, the conditions for annulment of a marriage vary depending on the personal laws applicable to different communities and regions. However, there are some common grounds for annulment that are recognized in Hindu marriages:
- Void Marriages:
Certain marriages are considered void ab initio, meaning they are invalid from the beginning. These include marriages where one or both parties are already married (bigamy), marriages between close relatives (incestuous relationships), or marriages where one of the parties lacks the mental capacity to consent to the marriage. - Voidable Marriages:
Voidable marriages are those that are considered valid until annulled by a court. Some grounds for voidable marriages include: a. Non-Consummation: If the marriage has not been consummated due to the incapacity of either party or the refusal of one party to engage in sexual relations without a reasonable cause, it can be grounds for annulment. b. Consent: If consent to the marriage was obtained by force, fraud, or under duress, it may be possible to seek an annulment. For example, if one party was coerced into the marriage or if one party concealed important information that would have affected the other party’s decision to marry. c. Mental Disorder: If one party suffers from a mental disorder that affects their ability to understand the nature of the marriage contract or fulfill marital obligations, it can be a ground for annulment. d. Impotency: If either party is unable to engage in sexual relations or is impotent, it can be a ground for annulment, provided that the condition existed at the time of the marriage and is incurable. e. Pregnancy by Another Person: If the wife is pregnant by another person at the time of marriage and the husband is unaware of this fact, it can be a ground for annulment. f. Juvenile Marriage: If one or both parties were underage at the time of marriage and did not have the legal capacity to marry, the marriage can be annulled.
It’s important to note that the annulment process and specific grounds for annulment may vary based on personal laws and the jurisdiction in which the marriage took place. It is advisable to consult with a qualified family law attorney or seek legal advice to understand the specific requirements and procedures for annulment in a particular situation.