Marriage annulment in India — when a Hindu marriage is void or voidable (HMA s.11 and s.12), grounds like an existing spouse, impotence, fraud or force, the one-year time limit, alimony and children’s rights, and how it differs from divorce (2026)
Plain guide for Hindus, Sikhs, Jains and Buddhists (and couples married under the Special Marriage Act) who want a court to declare their marriage null: the difference between a void and a voidable marriage, the grounds under the Hindu Marriage Act, 1955, strict time limits for fraud, force and pregnancy grounds, where to file, what proof matters, maintenance after annulment and the status of children. Educational only — not legal advice. Adhiwakta does not draft or file petitions.
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Annulment is not the same as divorce
A divorce ends a valid marriage for reasons that arise after it (cruelty, desertion, mutual consent and so on). An annulment is a court declaration that the marriage was never valid (void) or is cancelled because of a defect that existed at the time of marriage (voidable). Annulment is not available by mutual consent — the ground must be proved — but unlike most divorce petitions it is not subject to the one-year waiting rule of HMA s.14.
Void marriages — HMA s.11
A Hindu marriage is void from the start if, at the time of marriage: (1) either party had a living husband or wife (breach of s.5(i) — a second marriage while the first is subsisting); (2) the parties are within the prohibited degrees of relationship (s.5(iv)); or (3) they are sapindas of each other (s.5(v)) — in cases (2) and (3), unless a custom or usage governing both permits the marriage. Either spouse can ask the court for a decree of nullity under s.11. A void marriage has no legal effect even without a decree, but a court declaration gives clarity for remarriage, records and property. A second marriage during a living spouse can also be a criminal offence (BNS s.82, old IPC 494) — see our bigamy guide.
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Voidable marriages — HMA s.12
A voidable marriage is valid until a court annuls it. The grounds are: (a) the marriage has not been consummated because of the respondent’s impotence; (b) at the time of marriage the other spouse was incapable of valid consent due to unsoundness of mind, or suffered from a mental disorder making them unfit for marriage and procreation (s.5(ii)); (c) the petitioner’s consent was obtained by force, or by fraud about the nature of the ceremony or about a material fact or circumstance concerning the respondent; (d) the wife was, at the time of marriage, pregnant by some other person. Whether a hidden fact (for example a serious illness, earlier marriage or false claims) is ‘material fraud’ depends on the facts, and courts have decided such cases differently.
Strict time limits — do not wait
For force or fraud, the petition is not entertained if it is filed more than one year after the force stopped or the fraud was discovered, or if you lived with the other spouse with full consent after that (s.12(2)(a)). For the pregnancy ground, you must not have known about it at the time of marriage, must file within one year of the marriage, and must not have had consensual marital relations after discovering it (s.12(2)(b)). The impotence and mental-disorder grounds have no fixed period in the Act, but delay can weaken your case.
Where to file and what to prepare
The petition goes to the Family Court (or District Court where there is no Family Court) where the marriage was solemnised, where the respondent lives, where you last lived together, or where the wife lives if she is the petitioner (s.19). Keep the marriage certificate or invitation and photos, ID and address proof, proof of the earlier marriage (for bigamy), medical records, chats or documents showing the fraud and when you discovered it, and witness details. In impotence cases, the court may order a medical examination. Many Family Courts also send parties to counselling or mediation first.
Maintenance and alimony after annulment
In Sukhdev Singh v. Sukhbir Kaur (2025 INSC 197, 12 February 2025) the Supreme Court held that a spouse whose marriage is declared void under s.11 can seek permanent alimony under HMA s.25, and that interim maintenance under s.24 can be granted while the case is pending even if the marriage looks void or voidable — both are discretionary and depend on the facts and the parties’ conduct. Return of streedhan and gifts can be claimed separately; see our streedhan guide.
Children are legitimate
Under HMA s.16, a child born of a void or voidable marriage is legitimate. The Supreme Court in Revanasiddappa v. Mallikarjun (2023) held such children can inherit their parents’ property, including the parent’s share in ancestral property, but they are not coparceners in their own right. Custody and child maintenance are decided on the child’s welfare, as in divorce.
Other laws — Special Marriage Act, child marriage, other religions
Couples married under the Special Marriage Act, 1954 have similar void and voidable grounds in ss.24 and 25 (under that Act, wilful refusal to consummate is also a voidable ground). A child marriage is voidable at the option of the party who was a child, by a petition filed within two years of attaining majority (Prohibition of Child Marriage Act, 2006 s.3). Muslim, Christian and Parsi marriages are governed by their own personal laws and statutes, with different grounds and procedure.
How Adhiwakta can help
We do not draft or file petitions or appear in Family Court. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- What is the difference between annulment and divorce?
- Divorce ends a valid marriage for reasons arising later. Annulment declares that the marriage was never valid (void, HMA s.11) or cancels it for a defect that existed at the time of marriage (voidable, HMA s.12).
- When is a Hindu marriage void?
- When either party had a living spouse at the time of marriage, or the parties are within prohibited degrees of relationship or are sapindas, unless a custom governing both allows it (HMA s.11 read with s.5(i), (iv), (v)).
- What are the grounds for a voidable marriage?
- Non-consummation due to impotence, unsoundness of mind or a serious mental disorder at the time of marriage, consent obtained by force or fraud, or the wife being pregnant by another person at the time of marriage (HMA s.12(1)).
- Is there a time limit to seek annulment for fraud?
- Yes. The petition must be filed within one year of discovering the fraud (or the force ending), and you must not have lived together with full consent after that (HMA s.12(2)(a)).
- Can a wife get alimony if the marriage is declared void?
- She can seek it. In Sukhdev Singh v. Sukhbir Kaur (2025) the Supreme Court held permanent alimony under HMA s.25 can be sought even after a s.11 decree, and interim maintenance under s.24 during the case. Both are discretionary.
- Are children of an annulled marriage legitimate?
- Yes. HMA s.16 treats children of void and voidable marriages as legitimate, and they can inherit their parents’ property (Revanasiddappa, 2023).
- Can we get an annulment by mutual consent?
- No. Annulment needs a legal ground to be proved in court. If both spouses simply want to separate, mutual consent divorce under HMA s.13B is the usual route.
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