Our expert Annulment and Divorce lawyers in Mumbai, Thane and Panvel have in-depth knowledge and experience of handling marriage annulment cases.
Our expert family court lawyers can safeguard your rights and level of interest for services like filing for nullity of marriage, filing of annulment, file for annulment online, file for annulment alimony, file annulment of marriage by mutual consent, file for impotence annulment, apply for annulment etc.
We are committed to security and confidentiality of our prestigious clients. Our top annulment lawyer in Mumbai and Delhi maintain high level of transparency and confidentiality of clients and are bound by high standard of professional ethics.
For more information kindly on marriage annulment cases please call best annulment lawyer in Mumbai at +91- 8291142435 or click here to contact us.
The correct legal terminology is Nullity of marriage which is also called as Annulment of Marriage!!
Many people end up calling Annulment of Marriage as Annulments, absolute nullity of marriage, annual marriage, annulation of marriage, annulment agreement, cancellation of marriage, court annulment, decree nullity, decree of annulment, decree of nullity, decree of nullity of marriage, divorce annulment, fraud annulment, fraud marriage annulment, getting marriage annulment, invalidation of marriage, marital status annulled, null a marriage, nullification of marriage, annul my marriage, impotence annulment, etc.
What is the meaning of annulment of marriage?
Definition of annulment: Annulment of marriage is defined as declaring the marriage null and void. In the event marriage is void from beginning then it shall be automatically null and void. However, it would be advisable to approach Bandra Family Court, Thane Family Court or Panvel District Court for declaration of nullity of marriage to protect the future interest and properties.
Annulment is a process for declaration of marriage null and void. To declared marriage null and void one has to prove that certain legal conditions as emphasised in the various Indian Marriage Acts were not met by either of spouses at the time of the marriage. If certain conditions are not met between the spouses then marriage is considered to have been never existed, legally. This process of declaration of marriage as null and void is known as annulment. So the question arises if Annulment different from divorce? The clear and remarkable difference between annulment vs divorce is that the annulment declares that the marriage never existed at all whereas the divorce dissolves the marriage.
For more information kindly on annulment cases please call best annulment lawyer in Mumbai at +91- 8291142435 or click here to contact us.
What are common grounds for annulment of marriage?
The common grounds for annulment of marriage or grounds for nullity of marriage vary accordingly to various Indian Marriage Act enacted by the Parliament. Annulment criteria or reasons for annulment are limited to fraud, bigamy, blood relationship and mental incompetence apart from the following:
1) Either of the spouses was already married to someone else at the time of the marriage.
2) Either of the spouses was not of marriageable age as determined by law.
3) Either of the spouse was intoxicated or drugged at the time of the marriage;
4) Either of the spouse was mentally incompetent at the time of the marriage;
5) Consent for marriage was obtained by fraud or force;
6) Either of the spouse has impotency leading to non-consummation of marriage.
7) The marriage is within prohibited degree of relationship between the parties.
8) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
9) The bride at the time of marriage was pregnant by some other person.
For more information kindly on annulment of marriage process please call best annulment lawyer or divorce lawyer in Mumbai at +91- 8291142435 or click here to contact us.
7 years separation annulment of marriage can be done?
Answer is no. Annulment of marriage can be filed within one year from date of solemnizing marriage or from the date of knowledge of ground which give arise to cause of action.
Adultery grounds for annulment of marriage?
Answer is no. It can be ground for divorce not for annulment of marriage.
File for annulment of marriage in Mumbai, Thane and Navi Mumbai jurisdiction
Annulment lawyer in Mumbai can help filing application for annulment at Mumbai, Thane, Navi Mumbai and Delhi. Mumbai, Thane and Navi Mumbai fall under territorial jurisdiction of Bandra family court, Thane family court and Panvel District Courts respectively.
Petition for Annulment of marriage or petition for nullity of marriage papers can be filed in local limits of the Family Court or District Courts, where:
* The marriage was solemnized, or
* The respondent, at the time of the presentation of the petition for annulment of marriage, resides, or
* Where wife resides, or
* Last place where both parties resided together, or
* the petitioner is residing at the time of the presentation of the petition for annulment of marriage, in a case where the respondent is, at that time, residing beyond the territories to which this Act extends, or is believed to be not alive for a period of seven years or more by those people who would normally know if he is alive.
On meeting either of the above mentioned conditions, marriage annulment lawyer in Mumbai can help you in filing null and void marriage petition in the jurisdiction of Bandra Family Court or Thane family court or Panvel District Court respectively.
Bandra family court address :
Family Court, Mumbai
New Administrative Bldg.,
"B" Wing, Bandra-Kurla Complex,
Bandra (East), Mumbai - 400 051
Telephone No. 022-26591270
Bandra family court case status by case number
Thane family court address
Thane family court case status by case number
Panvel family court address
To ascertain your jurisdiction for filing nullity petition to nullify your marriage kindly call annulment lawyer in Mumbai at +91- 8291142435 or click here to contact us.
What are the laws governing annulment of marriage procedure in Mumbai, Thane and Navi Mumbai?
Annulment Procedure is governed by customs and religion of spouses seeking annulment.
Annulment of Marriage under Hindu Law
Nullity of marriage under Hindu Marriage Act, 1955 can be filed by Hindus, Sikhs, Jains and Buddhists after understanding the annulment of marriage procedure in consultation with Annulment Lawyer. Either of the aggrieved spouses can hire Annulment Lawyer in Mumbai who can prepare annulment paperwork under the provisions of Hindu Marriage Act 1955. Section 11 of the Hindu Marriage Act gives provisions for annulment of Hindu marriage. On filing application for annulment the respective Family Court can declare null and void marriage on the specific grounds for annulations of marriage.
Annulment of Marriage under Muslim law
In case of Muslims there are no judicial provisions for annulment of marriage. Annulled marriage in Islam is as good as dissolution of marriage. A marriage under Muslim Law is dissolved either by the death of the husband or wife, or by divorce.
Annulment of Marriage under Christian law
Christian can seek filing of Annulment of Christian marriage whether it is Catholic Annulment or Protestant Annulment at Bandra Family Court, Thane Family Court or Panvel District Court under section 18 of Indian Divorce Act, 1869. Respective Family Court can declare null and void marriage on making application for decree of nullity under section 18 of Indian Divorce Act, 1869 on the specific grounds for numerated under section 19 of Indian Divorce Act, 1869.
Annulment of Marriage under Parsi Laws
Parsi community can seek filing of petition for annulment of marriage under section u/s 30 Parsi Marriage Act, 1936. In Maharashtra suits for nullity of marriage by Parsi can only be sought from the Bombay High Court.
Annulment of Marriage under Special Marriage Act, 1956
Spouses belonging to different religions and castes can seek filing of petition for annulment of marriage under section 24 of the Special Marriage Act 1956.
Our team of divorce lawyers in Mumbai can help in filing petition for annulment of marriage by preparing your annulment paperwork. For more information on filing of nullity petition kindly call Annulment Lawyer in Mumbai number at +91- 8291142435 or click here to contact us.
Who can seek annulment and when can you get an annulment?
Any aggrieved party to the marriage can file an application for declaration of annulment of marriage on the grounds specific grounds mentioned in respected Indian Marriage Acts enacted by the Parliament.
How voidable marriages can be annulled?
Voidable marriage is a legal marriage but can be declared null and void by Family Court at the instance of either of the party of the grounds mentioned below:
1. Non-consummation of marriage because of impotency of either of spouse. It also has a nomer - impotence annulment.
2. Consent was obtained by force or fraud.
3. Any of the spouses has mental disordered (under the ambit of the Mental Disorders Ordinance 1952 Act).
4. Any of the spouses is suffering from the venereal disease which is in a communicable form.
5. The wife is pregnant with some other person at the time of marriage.
Annulment of Marriage procedure at Bandra Family Court, Thane Family Court and Panvel District Court
The Annulment procedure at Bandra Family Court, Thane Family Court and Panvel District Court is easy, however, it is advisable to consult and engage an annulment lawyer in Mumbai for drafting and filing of nullity petition.
Steps to getting an annulment of marriage decree:
Step 1:
Biography: Once you have made-up your mind for filing of null and void marriage petition it is necessary that you write your biography starting from the day you met your partner narrating all the dates and incidents related to marriage which could be the ground for seeking nullity of marriage.
Step 2:
Engage Annulment Lawyer or Divorce Lawyer: It is advisable to consult Annulment Lawyer in Mumbai to know your legal rights related to alimony, maintenance, residence, streedhan, child custody, child visitation, child support, distribution of joint property, other civil or criminal cases, etc. during the annulment process.
Step 3:
Draft the petition for nullity of marriage: On your instructions Annulment Lawyer will draft your petition for nullity of marriage on various legal grounds which will be filed before Bandra Family Court, Thane Family Court or Panvel District Court as per the jurisdiction.
Step 4:
Filing of Nullity Petition: On the date of filing of Nullity Petition case the petitioner must appear before the Family Court Registrar in-person or through video conferencing or through their Power of Attorney holder to affirm and verify the contents of nullity petition.
Step 5:
Summoning of Respondent: After acceptance of nullity petition by Family Court, respondent spouse is summoned by the Family Court on a given date.
Step 6:
Appearance of Respondent: Respondent will have to file reply within 30 days of receiving the summons. If respondent does not appear despite service, then Family Court may proceed with the matter in the absence of respondent which is called ex-parte proceeding in legal terms. From this step Annulment process hearing begins.
Step 7:
Mediation and Counselling: Both the parties are sent to marriage counselling and mediation to explore the possibilities for reconciliation or dissolution of marriage by mutual consent. Another question arises at this point if mediation is successful can annulment proceedings be changed to mutual consent divorce. Answer is yes; annulment proceedings can be changed to mutual consent divorce proceedings at any time before pronouncement of decree once key disputes between the couple are amicably settled and provisions of section 14 of Hindu Marriage Act, 1955 are met or by way of Writ to Hon’ble Supreme Court of India under Article 142 of Constitution of India.
Step 8:
Evidence of Petitioner: Spouse filing annulment of marriage petition files the evidences before Family Court Judge in support of claim. The Petitioner also produces the witnesses to prove the incidents and documents in support of the claim. Cross examination of the Petitioner and his witness are cross-examined by lawyer of respondent.
Step 9:
Evidence of Respondent: Respondent opposing annulment of marriage petition files the evidences before Family Court Judge against the claim of Petitioner and in support of his/her claim. The Respondent also produces the witnesses. Cross examination of the Respondent and his witness are cross-examined by lawyer of Petitioner.
Step 10:
Final Arguments: Both parties are given opportunity to present their final argument during annulment of marriage process final hearing.
Step 11:
Judgement: After final arguments Family Court Judge pronounces the judgment and on successfully proving the annulment of marriage case the nullity decree is granted.
Step 12:
The parties to apply for certified copy of judgement and nullity decree.
Remarriage after Annulment of marriage in India
After pronouncement of judgment for annulment of marriage, the parties are free to remarry after period of 90 days if no appeal is presented to High Court. Spouse who is not happy with the judgement of the Family Court Judge may appeal to High Court within 90 days from date of judgement. Marriage solemnized by either of the spouse within 90 days is void and the spouse can be tried for bigamy.
Marriage annulment time frame in India?
Ex-parte annulment of marriage process generally takes 6 -12 months. Fully contested annulment of marriage takes around 4 - 5 years. The annulment of marriage proceedings can be expedited by filing a Writ Petition before Bombay High Court or Supreme Court of India.
Annulment of marriage without Annulment Attorney
Yes you can file annulment of marriage petition in-person; however, it is advisable to engage good annulment lawyer or divorce lawyer in Mumbai to represent you in Family Court. If you want to appear in-person, our team of annulment lawyers in Mumbai can help you drafting and filing of petition of annulment of marriage by preparing your annulment papers.
For more information on filing annulment of marriage petition kindly call our divorce lawyer in Mumbai number at +91- 8291142435 or click here to contact us.
Documents required for Annulment of marriage
* Petition for Annulment of marriage.
* Original Photo-id card (Aadhaar card, Passport, Voter id, etc).
* Address proof (Aadhaar card, Passport, voter-id, PAN card, electricity bill, Affidavit, property document – like Registered Leave and License Agreement or property ownership document).
* Original Marriage Registration certificate.
* Original / Certified Divorce decree of earlier marriage, if any.
* Original Marriage Invitation Card.
* Clear marriage picture.
* 4- 5 passport size picture.
For more information on filing annulment of marriage petition kindly call our divorce lawyer in Mumbai number at +91- 8291142435 or click here to contact us.