Nullity of Marriage Lawyer in Pune
If your marriage was never legally valid, or if there are grounds to have it annulled rather than dissolved through divorce, a nullity petition may be the appropriate legal path. Advocate Shivaleela Gujare advises clients in Pune on void and voidable marriages under the Hindu Marriage Act and related provisions, guiding them through the annulment process from start to finish. Here’s what the law says.
Nullity of Marriage — Meaning, Acts & Sections
Nullity of marriage means a court declares that a marriage is legally invalid or void, or that it is voidable and is being annulled. It is different from divorce: divorce ends a legally valid marriage, whereas nullity concerns the legal validity of the marriage itself.
Important Sections under Hindu Marriage Act, 1955
1. Section 5 — Conditions of a Hindu Marriage
Lays down the essential conditions for a valid Hindu marriage, such as:
• Neither party should have a living spouse.
• Parties must satisfy the prescribed mental-capacity requirements.
• Minimum age: 21 years for the groom and 18 years for the bride.
• Parties must not fall within prohibited degrees of relationship, subject to customary exceptions.
• Parties must not be sapindas of each other, subject to customary exceptions.
2. Section 11 — Void Marriages
A marriage is void (null from the beginning) if it violates the conditions in Section 5(i), 5(iv), or 5(v)—for example, bigamy or marriage within prohibited degrees/sapinda relationship where no valid custom applies.
3. Section 12 — Voidable Marriages
A voidable marriage is valid unless and until a court annuls it. Grounds include circumstances such as:
• Non-consummation because of the respondent’s incapacity.
• Contravention of certain mental-capacity conditions.
• Consent obtained by force or fraud regarding the nature of the ceremony or a material fact/circumstance concerning the respondent.
• The respondent being pregnant by another person at the time of marriage, subject to statutory conditions.
Considering a Nullity Petition?
Nullity cases depend heavily on specific facts and the grounds available under the law, so it’s important to get advice early. Contact us for a confidential consultation to understand your options