What Should You Do If Your Marriage Is Declared Null And Void Under Indian Law

In general, nullity refers to an act that is legally void in nature. In the case of marriage, it refers to the family court's statement that the marriage between two people did not exist and was therefore invalid. The statement merely indicates that there was never any marriage. The term "void" refers to something that is null and void in legal terms. A void marriage is invalid from the start. As a result, it has traditionally been handled in legal terms as if it never occurred.

What Should You Do If Your Marriage Is Declared Null And Void Under Indian Law

Legal Framework

Section 11 of the HMA addresses the provision of void marriages. Section 11 does not define void marriages, but it does specify the circumstances on which a marriage can be declared void.

Any marriage is void under the HMA if it does not meet the conditions outlined in Section 5 Clauses (i), (iv), and (v).

  • Clause (i) of Section 5 states that neither partner has a live spouse when they marry.
  • Under Clause (iv) of Section 5, the parties are not in the banned connection unless the custom or usage governing each of them allows for a marriage between the two.
  • Clause (v) of Section 5 states that the parties shall not be sapindas to one other unless such marriage is permitted by the party's usage or customs.

Legal Consequences of Void Marriages

A void marriage has substantial legal repercussions for both spouses and is defined by the following:

  • A void marriage provides no legal standing, hence the couple is believed to have never been lawfully married.
  • There is no requirement for divorce procedures because the marriage was invalid from the start; nonetheless, people may request that the court announce their condition to avoid confusion.
  • In general, a void marriage provides no legal rights to property or maintenance. Nonetheless, under the BNSS, if she was unaware that the marriage was null and void, she may seek maintenance.
  • Section 16 of the Hindu Marriage Act of 1955 allows children born from void marriages to inherit from their parents, but not from family members.

What to do if your marriage is declared null and void

  • After you have determined your grounds for annulment, the next step is to file the case in the appropriate court. It usually depends on where you now reside or where your marriage is recorded.
  • Prepare all of the documentation required to substantiate your case.
    • Marriage certificate
    • Identification proofs
    • Evidence relating to reasons for annulment, such as medical documents or witness testimony.
  • The length and intricacy of court processes might vary.
    • Initial Hearing: The court may hear your petition.
    • Subsequent Hearings: Plan for additional sessions involving the presentation of evidence and testimony.
    • Final Judgement: If satisfied, the court will grant the annulment.
  • If the marriage is found to be null and void, property will be acquired as a result of the marriage.
    • Courts take into account both parties' contributions.
    • Duration of the marriage.
    • Any already signed agreements.
  • Under certain circumstances, you may be entitled to maintenance or alimony, particularly if one partner is financially reliant on the other. It is based on the following factors.
    • The duration of the marriage.
    • Standard of life during marriage.
  • Discuss how to handle any debts accrued during the marriage. It is critical to determine who will bear responsibility for future joint liabilities.

Coping Mechanisms: Seeking Professional Help

  • Contact a therapist or counsellor. Professional assistance will lead to personal recovery and emotional healing.
  • Reach out to your relatives and friends. These relationships will provide help in coping with the pain. Support groups can sometimes offer comfort and insight into how others have handled the situation.
  • Prioritise your well-being. Do things that bring you joy and fulfillment. Then establish new personal goals, such as progress and fresh beginnings.
  • You must think about what the event taught you about relationships and yourself. This piece of information will help to shape future judgements.
  • Begin figuring out what you really want from a mate. Knowing this can help influence future relationships in a favourable direction.
  • Consider the legal protections of prenuptial agreements in future relationships. Such measures can be implemented to mitigate risks and give relief.

Accept the journey. The annulment process can be scary, but it also opens the door to new prospects. Know your rights, seek legal guidance, and protect your mental well-being.

Look for local legal aid organisations and support groups for emotional concerns.

Consult Lead India for any legal concerns. We also provide free legal advice, Along with many other services. Professional lawyers can be consulted there. Ask all your legal questions freely. We provide you with other legal services. Lead India guarantees that all personal information and documents will be kept confidential. Through the web dashboard, you will have the option to view your cases online. You can simply view your case status and payment status, among other things.

Read Also:

Bail Provision Under Bnss

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