What is annulment / nullity?
A void marriage (for example where one party already had a living spouse) has no legal existence, though a court declaration is usually needed for clarity. A voidable marriage is valid until annulled by the court.
Children of void and voidable marriages are treated as legitimate under section 16 of the Hindu Marriage Act.
Who may need this service
- Spouses whose partner had a living spouse
- Spouses whose consent was obtained by force or fraud
- Other cases under sections 11 and 12
Legal framework
Hindu Marriage Act sections 11 (void) and 12 (voidable, including non-consummation owing to impotence, unsoundness of mind, consent by force or fraud, pregnancy by another person at the time of marriage). Special Marriage Act sections 24 and 25.
Time limits apply to some grounds; for example, a petition based on force or fraud must generally be filed within one year of the force ceasing or the fraud being discovered.
Documents generally required
- Marriage proof
- Evidence of the ground
Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.
Procedure
- Assess. Identify whether void or voidable.
- Petition. File in family court within any time limit.
- Evidence. Prove the ground.
- Decree. Decree of nullity.
Common problems we see
- Missing the limitation period
How an advocate can help
- Assess grounds
- Represent you
Delhi courts and NCR
In Delhi, family courts sit in the district court complexes. We assist in matters at Tis Hazari Courts, Saket Courts, Patiala House Courts, Karkardooma Courts, Rohini Courts, Dwarka Courts, and in NCR at the district courts of Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad. The correct court depends on jurisdiction rules for your case.
Related services
Legal guides
Frequently Asked Questions
Is annulment faster than divorce?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.