A marriage can be ended through annulment. Annulment is a legal process to undo a marriage by declaring it to be invalid from the start. The main difference between separation by annulment and separation by divorce is that an annulment order legally makes it as if the marriage had never taken place.
Annulment of Marriage
This explainer discusses how a marriage can be ended through annulment which is the legal procedure for undoing a marriage by declaring it to be invalid from the start. It primarily deals with how different religions have laid down different rules for when a marriage can be considered invalid.
If I have found out that my spouse has a sexually transmitted disease, can I have the marriage annulled?
If your spouse is diagnosed with a Sexually Transmitted Disease that prevents you from engaging in sexual intercourse, you can ask for the marriage to be declared as invalid.
What does it mean to annul my marriage under Hindu law?
As you know, there are certain conditions for a valid Hindu marriage. When these legal requirements are not met, your marriage suffers from certain legal defects/problems. It has no legal validity and you can annul the marriage in a Court. There are two categories of legal defects in a marriage – ‘void’ and ‘voidable.’ It’s simple – a void marriage is automatically considered an invalid marriage from the very beginning and there is no need to annul it. On the other hand, a voidable marriage is legal until a Court says it is not. Once you have fulfilled conditions then your marriage can go back to being valid.For example, marriages are void when the conditions of not having a spouse before getting married, you and spouse not falling within the category of “prohibited relationship” or “sapindas” are not followed. On the other hand, a marriage is voidable when your spouse is impotent.
Can I annul my marriage under Muslim law?
Under Muslim personal laws, if a marriage is conducted by violating certain rules and customs, then they are known as Batil marriages. These kind of marriages can be annulled by going to Court. If you do annul such a marriage, then it would be as if the marriage never took place.