The first question that strikes our mind is “What is an annulment?”
Let us understand this first, An annulment is a process of dissolution of an invalid marriage or we can say declaring a marriage null and void by civil law.
If the marriage is not annulled then the parties are still married according to law.
Now, let us get back to the question that “Whether the marriage can be annulled without the other person?” The answer to the question is “YES”. In most cases, both parties agree to the annulment but in some cases, one or the other party does not agree to the annulment and does not want to end the party. In such situations YES a marriage could be annulled, but, there is always a ‘BUT’, the party who is asking for annulment must have a valid reason and a solid ground or proof for the annulment, and the other person could not stop it even if it is against their wish.
After an annulment, the marriage will be treated as if it never existed and both the person was not married.
There are various grounds on which a marriage could be annulled:
Bigamy – If at the time of marriage, the other person was already involved in another marriage. Influence of drugs or mental capability – If any of the partners were under the influence of drugs or in an unsound mind to make an informed decision, then marriage could also be annulled on such grounds. Minor – If any of the partners was underage at the time of marriage, the marriage is not legal and any partner can file for annulment. Impotence – If a spouse is permanently impotent or unable to consummate the union is a valid reason to annul the marriage. Fraudulent activity – if any of the partners is involved in any fraudulent activity and the other person was unaware of the fact at the time of marriage. Forced consent – If the partner was forced to get married by any societal pressures or was under duress i. e threat of violence.
If the party who wants an annulment, can prove any of the above points, he/she can get the marriage annulled with or without the other person’s consent.
Annulment is different from divorce
Divorce means terminating or ending a legal marriage that was valid in the law of matrimony. Whereas An annulment is terminating an invalid marriage or erasing a marriage and considering it that it never really existed before.
Difference between annulment and divorce
Sharing of properties – In divorce, the assets and properties are shared between both the parties while in the case of annulment no assets and properties are shared between the partners. Marital status – In divorce, the marital status of both the parties is changed to ‘divorced’ but in annulment, the marital status of both the parties is still ‘unmarried’ or ‘single’. Filing for separation – A person can file for divorce after a year, after finding fault but in annulment, a person can annul marriage immediately after marriage.
Void or voidable marriage
Annulment is given to a marriage that is null and void which means the marriage is not valid from the beginning and it does not give the right to both the parties to be called husband and wife.
A void marriage is a marriage that has taken place against the law and is not valid since the beginning and does not require much time and documentation to be terminated.
Reasons through which a marriage is considered void or unlawful marriage
Marriage is performed without a valid marriage license and without the presence of a person who is licensed to perform a marriage in the presence of 2 witnesses. Marriages between close relatives, for example – marriage between parents and children, uncles and nieces. Underage marriagePolygamous marriage
A voidable marriage is valid until it gets annulled by one or both of the parties.
Grounds on which marriage is voidable
Any partner is incapable of consummating the union or refuses to do so,Any of the partners gave consent under duress or mental disorder.
According to the Hindu marriage act, annulment is provided for a marriage that is not valid. Yes, it can be given without the other person’s consent but only after giving solid proof for such annulment.
Both the parties can remarry after getting an annulment and it will not be considered an offense of bigamy.
Q.1. What is the legitimacy of a child born out of the void or voidable marriage?
Void marriage – If the partners reasonably considered their marriage valid then the child born out of such marriage is deemed to be a legitimate child.
Voidable marriage – A child born out of voidable marriage is a legal child.
In both cases, a child will have the right on their parent’s property and not on the ancestral property.
Q.2. After how much time of annulment can a person remarry?
One of the basic advantages of annulment is that after annulment you are still unmarried in the
eyes of law and can get married immediately after an annulment.
Q.3. Does annulment affect public records?
Yes, it does affect public record, although after getting an annulment, the marriage is null and both the parties are considered single but it is a matter of fact that both the parties have applied for marriage and license.
