How Can A Marriage Be Declared Null And Void?

In India, marriage is a very important part of culture and the law. Most of the personal laws concerning marriage within the various religious communities consider marriage to be a sacred bond between a couple. However, certain specific conditions nullify the marriage as if it had never existed. A marriage is void ab initio as opposed to divorce; divorce simply dissolves a valid, existing marriage while a void marriage from the start is treat as not existing from that time forward.

Legal Framework for Marriage in India

India is a multi-religious country that has defined different personal laws governing various communities. Each personal law defines and prescribes for the different conditions under which a marriage is valid and under what circumstances such marriage can be annul.

• Hindu Marriage Act, 1955: This Act concerns the marriage of Hindu, Buddhists, Sikhs, Jains. A marriage is define by the Act, as that between a male and a female, which has to be solemnise according to the ritual and custom of parties concerned. Under this Act, marriage can be annul on grounds like consanguinity, mental incapacity, and non-consummation.
• Special Marriage Act, 1954: The law allows civil marriage to take place regardless of people’s affiliation from any religion. In other words, it applies to all Indian citizens looking forward to marrying under this law, not recognizing marriage performed under any religious customs. It states, like the Hindu Marriage Act, conditions under which a marriage is void or is declare annul.
• Muslim personal law: Sharia law governs the rules under which a Muslim marriage is valid and the rules under which it can be annul.
• Indian Christian Marriage Act, 1872: Governs Christian marriages and provides for annulment on specific grounds, including non-consummation and mental incapacity.
• Parsi Marriage and Divorce Act, 1936: This law deals with Parsis and provides specific grounds for annulment only, such as consanguinity and mental incapacity.

Grounds for Declaring a Marriage Null and Void

In India, a marriage can be declare invalid for various reasons. However, the specific grounds differ according to the respective governing laws, but commonly there are certain grounds across various legal statutes.

Consanguinity and Affinity

The most common reasons justifying the marriage nullifications include consanguinity (blood relation) or affinity (relationship by marriage). It is applicable if two parties are closely related to each other, for instance, such as:

• The marriage between a person and his/her nearest blood relatives such as siblings, parents, and children, etc.
• Marriages between a man and his niece or aunt, or between a woman with her nephew or uncle.

Under the Hindu Marriage Act, for example, a marriage between siblings is void, as it is a violation of societal and cultural codes of conduct. Marriage is prohibit for such close relatives.

Bigamy or Polygamy

• If the person has already contracted marriage to someone else at the time of the marriage which occurs subsequently, the marriage would be void under Indian law. 
• This is applicable for the opposite sexes, that is for both men and women, although bigamy is more popularly associate with men under the Hindu Marriage Act. Such marriages are then consider null and void.
• There are cases regarding the exception of the Muslim practice of polygamy as per Islamic law by which a man may marry up to four wives under certain conditions.

Mental Incapacity or Insanity

• It is a ground for annulment should one spouse prove mental incapacity or insanity at the time of marriage. A person who is say according to the Hindu Marriage Act to be of unsound mind or incapable of understanding the nature of the marriage ceremony may not be competent in the eyes of law to marry. 
• Similarly, the Special Marriage Act permits annulment of marriage if any one person that has been consider at the time of the marriage is suffering from mental illness.
• It can also happen when a person is diagnose with mental disorder or condition making him unable to give consent for marriage or any consequences relating to it.

Underage Marriage

• As per Indian Law, the minimum age required for marriage varies from eighteen years for females to twenty-one years for males. If one or both of them are underage, the marriage is voidable at the choice of such party. It is a law introduce to prevent child marriages which are illegal and injurious to the health of a minor man or woman.
• For example, the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, provide grounds for marriages of minors to be void ab initio.

Non-consummation of Marriage

• An annulment of marriage can happen in case either of the parties is unable to consummate the marriage willingly or when they refuse to engage in sexual intercourse. This is usually due to an apprehension or a condition (physical or mental) that restricts one partner to consummate the marriage.
• The Hindu Marriage Act provides for annulment of marriages on grounds of non-consummation. Any party can use non-consummation as a valid reason to seek annulment, male or female. However, it has to be show that the in-consumption aspect is make out as physical inability or unwillingness and not a temporary condition.

Fraud, Force, or Misrepresentation

• If either of the parties entered into marriage under fraudulent conditions, or if he/she was force into the union, the marriage can be declare void. 
• This even includes the situation where one of the parties leads the other one into thinking that he/she is someone different (which is not true), such as with his identity, his background, health, or intention. 
• Sometimes, it may also include some amount of duress or coercive force because of the act, particularly when it was done under a threat or intimidation.
• There are specific annulment clauses of a fraudulent marriage under the Special Marriage Act as well as the Hindu Marriage Act.

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