In a recent Supreme Court judgement, the court of cassation utilised foreign law in a divorce case in accordance with Article 13 of the personal status statute. According to Article 13, any party may ask the court to apply foreign law (i.e. the law of the country where the marriage was contracted) to their divorce case. According to Article 16, all important issues including trusteeship, maintenance, and other mechanisms established for the protection of those who need to be safeguarded. In a significant case, the Supreme Court granted one party’s request to first consider an unattested legal translation of the Hindu Marriage Act.

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Foundation for the Hindu Marriage Act

The Vedas, which serve as the foundation for the Hindu Marriage Act, declare that once a couple has entered into this sacred institution of marriage, they are unable to divorce. However, Section 13 of the Act contains a divorce decree. Adultery, cruelty, and even renunciation of the world by joining a religious order are among the grounds for divorce in this place.

Although cruelty was one of the reasons for getting a judicial separation under the initial version of the Hindu Marriage Act of 1955, it was not a basis for seeking a divorce. Cruelty was included as a reason for divorce and judicial separation after the amendment.

Annulment

In strict legal terms, annulment solely relates to declaring a marriage voidable; a legal declaration of nullity is necessary to show this. If the marriage is void, it is already null.

A legal process called annulment can be used to declare a marriage invalid. It is seldom permitted, with the exception of bigamy and not being at least the legal marriageable age. If certain legal conditions were not satisfied at the time of the marriage, the marriage may be deemed null and invalid.

The marriage is regarded as having never been in the perspective of the law if certain legal prerequisites were not satisfied. The annulment of this process is known. In contrast to divorce, which dissolves a marriage that has already existed, annulment declares that no marriage ever existed in the first place. Therefore, unlike divorce, it is retroactive: a marriage that has been annulled is thought to have never existed.

It is crucial to remember that annulment can result in a criminal offence in the UAE, hence it is doubtful that the UAE court will read the legislation similarly to the Indian courts.

Illegal Marriages

When a marriage is against the law, it is instantly invalid and cancelled. Hindu Marriage Act, 1955, Section 11 addresses:

Void marriages, null divorces, and null weddings Any marriage performed after the implementation of this Act is void and may be declared as such by a decree of nullity on a petition filed by either party against the other party if it violates any of the terms outlined in the aforementioned Section 5 clauses I (iv), and (v).

Bigamy: If either partner was still lawfully wed to another person at the time of the marriage, the union is null and void, and there is no need for a formal annulment.

Inter-familial union: A marriage between an ancestor and a descendant, or between a brother and a sister, regardless of whether they are related by adoption, half-blood, or full blood.

Marriage of close relatives: Any union, excepting unions authorised by established conventions, between an uncle and a niece, an aunt and a nephew, or first cousins, regardless of whether the connection is one of half or full blood.

Voidable Marriage

A marriage that is voidable is one in which one of the parties must actively seek the annulment. In general, one of the parties to a marriage may request an annulment if the other party did not have the intention to enter into the civil contract of marriage at the time of the marriage owing to mental illness, drunkenness, pressure, or fraud.

(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds: (a) that the marriage has not been consummated due to the respondent’s incapacity; (b) that the marriage is in violation of the condition specified in clause (ii) of Section 5; or (c) that the consent of the parties to the marriage was not given in a manner that would

2) Despite what is stated in subsection (1), no petition for annulling a marriage on the grounds listed in subsection (1) clause (c) shall be entertained if: I the petition is presented more than a year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate.

Impotence: There are grounds for an annulment if either spouse was physically incapable of entering the marriage at the time of the wedding, typically due to an inability to engage in sexual activity.

Lack of Mental Capacity: An annulment may be justified if the court determines that one or both spouses lacked the mental capacity to comprehend the nature of the marriage contract or its obligations.

A Party Was Not of Legal Age: If one of the parties was not of legal age when the marriage took place, the marriage may be dissolved. Boys must be 21 years old to vote, while girls must be 18 years old.

Fraud or Force: There are grounds for an annulment if the assent to the marriage contract was gained via either fraud or force. Simply put, lying to persuade the other party to sign the marriage contract is fraud.

Conclusion

An annulment is a legal process that dissolves a man and woman’s marriage. An annulment proclaims that a marriage never actually happened and was never genuine, making it appear as though it has been fully erased. If you have any legal issue regarding divorce of your spouse, Sara Advocates and Legal Consultants can provide you with the best legal advice. Visit our offices or call at our number for help regarding your case.