Do you need the Best Advocates for Marriage Annulment in Chennai ? How to hire the Best Reliable Advocates? Are you wondering if you could get a Marriage Annulment? The below-given write-up explains the grounds of annulment. It helps you to know the process of how to go about it to get one in India. It is nothing But making Marriage null and Void.
ADVOCATES FOR MARRIAGE ANNULMENT
Sometimes marriage gets annulled for some valid matters. Through null and Void, a marriage is declarable as null or void. A marriage can be void or null when certain legal matters are not fulfilled for any reason. Advocate Saravvanan Rajendran Law Associates is one of the Best Family Court Law Firms in Chennai. Choose Top Advocates in Chennai for Marriage Annulment Cases.
The marriage never existed in the eyes of law in the absence of certain legal needs. This process is a marriage annulment. Divorce dissolves a marriage that existed. Whereas null and Void disqualifies a marriage that never existed.
Annulment of marriage is a legal concept left out by many people. Popular culture & religion offers varied and wrong views. Annulment and divorce are similar in deciding a person’s marital status. But there exists a vital contrast in them.
Divorce ends an existing and valid marriage. Null and Void of Marriage declare what all see as marriage was never married at all. An annulled marriage never existed in the eyes of law.
What is the Annulment of Marriage?
Nullity decree is an order that says there is no legal marriage among parties. In spite of the fact that the marriage ceremony took place. It is a finding that says the marriage was void.
One can apply to the family court for an annulment order. Here, there is no need that the parties remain separate from each other for a specific period of time. The decree of annulment is enforceable with immediate effect. This decree does not include financial and parenting matters in the usual nature.
There is no general time limit set for getting a marriage union annulled in India. Over time the grounds of annulment are harder to prove. Annulments are more suitable for marriages of short time like months or weeks. Such marriages do not have issues of sharing joint assets & children’s duties.
What is the difference between annulment and divorce?
Both annulment and divorce decide a person’s marital status. But they vary in terms of the law.
Null and Void Vs Legal Separation
One can end a marriage in two ways – one being null and Void and the other being Legal Separation.
An annulment is a legal order by the court that cancels a marriage between a man and his wife. Marriage null and Void is a total wipeout of marriage in a legal sense. As per Null and Void, the marriage never had technical validation as per law.
Divorce is the dissolution of marriage in the eyes of law. A valid marriage between a man and his wife can end through divorce. Both parties of divorce return to single status. They can remarry again.
Either the husband or his wife can file a case of annulment. The spouse who initiates null and Void has to submit the needful annulment grounds and evidence. We must submit the Proofs before the court. Then only the marriage is fair null & void by the court. Let us know all other reasons based on which you can apply for null and Void at court.
GROUNDS FOR APPLYING MARRIAGE ANNULMENT
Marriage annulment is lawful on limited grounds. Off and on, you may not be unable to seek null and Void on these grounds. Then it is apt to be under separation for 12 months. Later apply for divorce in case you wish to end your marriage.
The Court can grant null and Void of marriage on the reasons as follows:
- When one of the parties was still married to any other person at the time of marriage, you can seek it as null and Void.
- When parties are in a prohibited relationship, you can seek null and Void. Marriage cannot happen between direct descendants. Like grand-parent or parents and child or siblings. Including half-siblings and adopted relationships too marriage cannot happen.
- When the parties did not adhere to the laws of marriage
- When the parties or either one of the parties was not of legal age at the time of marriage
- When one of the parties did not give consent for the marriage. Also in the case where consent is through fraud or duress
- Marriage happened on mistaken identity
- Marriage happened where one of the spouses has physical incompetence or mental instability.
- Marriage prescribed by law due to the relationship between them
- Life imprisonment criminals who got sentence cannot marry
- Marriage happened due to the concealment of facts. It can be like a criminal record, sexual diseases or drug addiction
Thus the grounds of null and Void of Marriage may vary sometimes. Hence it gets limitation in case of blood relationship, deceit, mental ineptitude or bigamy. In simple words, null and Void of marriage is a way of putting an end to a never existed matrimonial relationship. due to one or more reasons given above.
Procedure for Obtaining Marriage Annulment
- A petition for marriage annulment needs to get submitted before the court. The court jurisdiction depends on parties’ dwelling or place of marriage solemnization.
- The court issues notice to the defendant. The defendant has to report or reply before the court.
- After hearing and examining evidence the court grants relief
Under Parsi Law court, court means the court established as per Parsi Law. Of course, Under Hindu marriage, act court means Family court or civil court. Under Muslim law matter gets decided by religious practice.
Effects or Consequences of Marriage Annulment
When the court decides null and Void, it also decides about the maintenance payable to the spouse. Children born out of marriage are deem-able as legitimate. Annulment is a declaration by the court saying the parties are not Spouse and the Partner.
The marriage was non-existent as per law. The parties are free to marry anyone. Null and void marriage does not hold any legal status. They are non-enforceable and against law. It is advisable to engage an attorney with good legal skills to handle your case. Our law team is ever ready to guide you through the legal path of success.
Find the best Advocates for a Marriage annulment in Chennai
In India marriage is a holy sacrament. It is the foundation of systematic functioning of society. Marriage null and Void takes away the burden of marriage over a person. The grounds of marriage nullity are legal. They take religious sentiments in to review. Find the best Advocates for Marriage Annulment in Chennai