Void
Marriage void ab initio
Voidable
Valid until annulled
Section 11
Void Marriages (HMA)
Section 12
Voidable Marriages (HMA)
Annulment vs Divorce
Annulment
- Declares marriage never existed
- Marriage is void or voidable
- Grounds exist at time of marriage
- No time limit for void marriages
Divorce
- Dissolves valid marriage
- Marriage was valid at inception
- Grounds arise after marriage
- Limitation period applies
Void Marriages (Section 11, HMA)
Sapinda relationship (within prohibited degrees) Spouse already living (bigamy) Parties within degrees of prohibited relationship Marriage in violation of personal law conditions
Note: Void marriage is invalid from the beginning. Either party can seek declaration of nullity. No time limit applies.
Voidable Marriages (Section 12, HMA)
Impotence of respondent Unsoundness of mind at time of marriage Wife pregnant by another person at marriage Consent obtained by fraud or force
Limitation: Petition must be filed within 1 year of discovering the ground (except for impotence).
Annulment under Other Personal Laws
Special Marriage Act
- Section 24 - Void marriages
- Section 25 - Voidable marriages
- Similar grounds as HMA
Muslim Law
- Faskh - judicial annulment
- Grounds under DMA 1939
- Option of puberty (Khyar-ul-bulugh)
Legal Disclaimer: This information is for educational purposes only. Consult a qualified lawyer for annulment proceedings.