How Much Time Is Needed To Null And Void A Court Marriage?

Marriage is the union of two persons in a legal, consensual relationship which has been recognised and sanctioned as well as dissolved by the law.The Hindu Marriage Act, the Muslim Personal Law (Shariat) Application Act, the Indian Christian Marriage Act, the Parsi Marriage and Divorce Act, and the Special Marriage Act, all of which are still in effect in India, all recognise marriage as a legal status.  

Nullity of marriage-

In general, the term "nullity" refers to an action that is inherently invalid.

In the case of marriage, a marriage being declared as null would imply that the marriage would no longer be valid, also it never existed. Thus, the declaration of null and void would mean that the marriage never existed.

 

What is the difference between-?

Nullity- As mentioned earlier, the nullity of a marriage would mean that the marriage is no longer in existence. It means that the marriage performed by the parties was not valid. 

Divorce- Marriage is formally dissolved through a divorce. A divorce is a legal declaration given the application of the parties which leads to the end of a valid marriage. A divorce does not question the legality of a marriage, but it is the end of a legal valid marriage in every term.  To seek further information on the subject or legal guidance in relation to your case, you may contact an experienced Lawyer In Delhi.

Judicial Separation- A judicial marriage is not the  end of the marriage, but it is declared on the application of the parties that they shall be allowed to live separately without ending the marriage. 


Nullity of Marriage as per the Special Marriage Act, 1954-

A court marriage is provided under Special Marriage Act, in the following points we are going to discuss the provision for nullity of marriage as provided under the Special marriage Act, 1954.

·  As provided under Section 24 of the Special Marriage Act, 1954,  on the petition filed by either of the parties, marriage can be declared null and void by the decree of nullity.

Following grounds have been provided under the Section-

1.   Either of the parties had a living spouse at the time of court marriage.

2. Either of the parties was unable to give valid consent for the court marriage due to unsoundness of mind, mental illness or the party was not fit for procreation of children.

3.   If the parties did not attain the age required for court marriage.

4.   If the parties fall within the range of relationships that are forbidden

5.   If the respondent is impotent.

 

Some other grounds under the Act, for declaring a marriage as null and void-

·  Because of willful refusal of the respondent, the marriage could not be consummated.

·   At the time of the marriage, the respondent was already carrying another person's child.

·   If the consent of any of the parties to the marriage was gained by fraud or coercion.

 

Procedure to file for the decree of nullity of marriage-

·    The petition for nullity of marriage under the Hindu Marriage Act,1955 and Special Marriage Act, 1954 can be presented before the family court or city civil court.

·   The court in which  the application for the nullity of court marriage can be filed, shall be under whose jurisdiction the parties reside.

·    A notice shall be issued by the court to the respondent to give a reply before the court. 

·    After the due proceedings, the court shall grant relief in accordance with the facts of the case and the evidence produced.

 

Conclusion- 

As has been expressed earlier, the procedure for the court proceedings, no matter for a court marriage or a marriage solemnised through customary practices, shall remain the same. Thus, though the process for court marriage is different, for example, court MarriageRegistration In Delhi and marriage through the customary practices of your family, the process for both are same, however, the due process of filing a case and the rest of the procedure shall remain the same. In case you need legal guidance, or are facing any confusion regarding the procedure of law, it is advised to seek the advice of an experienced Divorce Lawyer In Delhi Lead India offers you a wide pool of experienced advocates, who have been successfully handling cases related to court marriages, divorce, maintenance, judicial separation or to declare a marriage as null and void. Thus, in case you seek legal guidance or assistance for the same, you may contact us.

 

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