Paid Advise

Nullity of marriage

Shivendra Pratap Singh

Advocate

14/08/2015

Reading Time:

I am not happy with my wife and I want to end our relationship. I heard about the nullity of marriage if the husband is not happy. Am I right and if so please advice to end my relationship and nullify my marriage.

On the fulfilment of certain conditions, Hindu marriage becomes null and void. Parties to the marriage can file petition towards annulment of their marriage. Provisions towards nullity of marriage are given in section 12 Hindu Marriage Act (HMA). Requirements of a valid marriage are mentioned in section 5 of HMA.

The law of nullity depends upon the existence of some pre-marriage impediments. Hindu law divides these impediments into two categories.

  • Absolute impediments
  • Relative impediments

Marriage becomes void ab initio on the existence of absolute impediments. This marriage is invalid from the very beginning so it is called void marriage. According to section 5 of HMA, these are the ground of void marriage.

  • At the time of marriage, either party has a spouse living (Bigamous marriage) 
  • The parties are sapinda to each other. 
  • The parties are within the prohibited degree of relationship.

No legal consequences flow from the void marriage, parties to the marriage are free to solemnize another marriage because they are not treated as husband and wife. It does not matter in the void marriage that all the valid ceremonies are performed at the time of marriage or marriage is registered under section 8 of HMA.

In the existence of relative impediments, a marriage is voidable. However voidable marriage is perfectly valid till the petition filed by either party for annulment of marriage under section 12 of HMA. If no petition is filed then marriage has these effects.

  • It confers upon parties as to the status of husband and wife. 
  • Children out of this marriage are legitimate. 
  • All other mutual and legal rights like inheritance, maintenance, succession etc arise from it.

Parties to the marriage may file a petition for annulment on these grounds.

  • The inability of the respondent to give consent or suffering from a mental disorder. 
  • The inability of the respondent to consummate the marriage on account of his or her impotency. 
  • Concealment of pre-marriage pregnancy by the respondent. 
  • Consent of the parties being obtained by fraud or force.
shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

How to get a mutual consent divorce within six months?

Question: I was married to my boyfriend when I was studying in B.Tech. We solemnised our marriage in a temple. How to get a mutual consent divorce within six months? All those things happened in hush-hush. No one knew about our marriage but we got registration of our...

Legal validity of consensual relationship with brother

Question: It is a complicated situation for me, I am a 40 year old lady. My husband was an abuser and we have legally divorced 6 years ago without any issues left. I left my hometown, came to Delhi to join a job and started staying with my brother who is never married...

Child Custody to a third party 

Question: My partner wishes that I could take legal custody over her. She is happy with her family but wants to leave. I live in the UK, and she lives in India. What (if any) are our options? Can the court allow child custody to a third party?  Asked from: Uttar...

My wife has filed false FIR

Question: My wife has filed false FIR under Section 498A/406 IPC. Section 3 & D P Act, against me and my old aged ill widow mother. I am the only child and my wife and her parents are hell-bent to take divorce. She wants to remarry. Hence they told me they will...

Can I cancel the marriage after engagement

Question: I want to cancel the marriage after the engagement. I met a girl on 14.01.2022 & had an engagement (roka) on 19.01.2022. I met her from 15.01.2022 to 22.01.2022. After that she went to another city (Mumbai) & joined her office. After that she used to...

Mother is taking custody of children from father

Question: My wife is living apart. She is living with her paramour and happy with him. I have two children, both are sons. Now the mother is taking custody of the children from the father. It is a very painful situation for me. Both sons are minor and very happy with...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54