Difference between Annulment & Divorce

As the procedure of marriage is different under different personal laws, so is the procedure of divorce. India is secular democratic country, where people have the right of marrying and divorce according to their personal laws. Every marriage does not turn out to be as blissful as we imagine. Some sour marriages end up being terminated. Everyone should know that divorce is not the only method of separation between spouses in India. In order to make the separation of the married couple in India more progressive with respect to gender-related matters, numerous legislations have been passed by the government with the time and growth of social awareness. 

Basically, there are two ways of ending a marriage- annulment, and divorce. In the first instance, both the terms may look similar yet both the terms deal with two different perspectives of ending a marriage. If you are looking for a lawyer in Delhi for filing a divorce petition or petition for annulment of marriage, you can reach out to Lead India to get expert advice and guidance about divorce matters from the best divorce lawyers in Delhi.

Before examining the difference between a divorce and annulment let us understand the terms respectively.

Annulment of marriage

Annulment of a marriage is where the marriage is declared as null and void due to certain reasons. Generally, a marriage is not considered as a valid marriage when the conditions of the valid marriage are not fulfilled. Under the Hindu Marriage Act, 1955, if the following conditions specified under section 5 are not satisfied then such marriage is regarded as null and void.

• The party to the marriage should not have a living spouse at the time of the marriage.
• The relationship between the husband and wife should not fall within the degrees of prohibited relationships. If the relationships come within the prohibited relationship, then it must be allowed by their personal law or custom and usage.
• The parties are not sapindas of each other, provided their custom allows marriage of the such parties.
• The parties must be of legal age to marry and capable of giving consent.’

A party to such void marriage can obtain a decree of nullity from the Court by filing a petition for annulment of the marriage. Void marriages are void since the beginning of the marriage and the party may not wait for the court order to nullify the marriage

Whereas in the case of voidable marriages that exist till the marriage has been annulled by the decree of the Court. It depends on parties to marry if they want to file a petition for annulment of their marriage in Court. You can find the best lawyer in Delhi for filing a petition for annulment of marriage by connecting with Lead India. Under section 12 of the Hindu Marriage Act, provisions regarding voidable marriage are laid down.

How is annulment different from divorce?

Following are the important differences between annulment of marriage and divorce.

• Annulment of the marriage involves the process of declaring a marriage void and null which is not valid since the beginning of the marriage. Whereas, divorce is the termination of a valid marriage by a decree of the court.
• The status of the parties to marriage after the annulment of marriage becomes single/ unmarried, whereas, the legal status of the parties after divorce becomes divorcee/divorced.
• There exists no such duty or obligations to the spouse after the annulment of the marriage, whereas, the parties to the marriage are obliged to pay maintenance or alimony depending on the circumstance of the case after divorce.
• Annulment is granted immediately by the Court as such marriage is void since the beginning of marriage whereas, getting a decree for divorce may take 1-2 years.

How can we help you?

We, at Lead India, offer a wide range of the best divorce lawyers in Delhi who will ensure a smooth, reliable, prompt, and client-centric service. It will be easy for you to sail through the difficult time of divorce, when you have the support and guidance of a best lawyer. It’s important to seek guidance from a divorce advocate in Delhi to avail a smooth and reliable experience in the process of divorce.