Hello,

In strict Legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.

Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

Section 5 lays down Condition for a Hindu Marriage;

Annulment Process

To get an annulment, a person first needs to meet the residency requirements of the state that they live in. The jurisdictional requirements are similar to those required for dissolution or divorce: one of the parties must live in the state where the marriage annulment is filed for a continuous ninety-day period. Similar to a divorce filing, marriage annulment case proceeds with a filing, petition, summons, and ancillary documents. An annulment case can be initiated by either the husband or the wife in the marriage. The grounds for marriage annulment are stated in the petition. The annulment procedure is similar to that of a standard divorce. A divorce can be much more complicated than an annulment.

Effects of Marriage Annulment

Annulling a marriage simply erases it from the records, as if it never took place. The result of a marriage annulment is a decree that the marriage never existed. It nullifies the marriage, returning the parties to their prior single status.

It's a common misconception that short marriages can be annulled, but the length of the marriage is not a qualifying factor. Many times, annulments occur after very short marriages, so there is no need to divide assets or debts or decide custody of children produced by the marriage. In the case of a longer marriage that is annulled, the court will divide the property of the parties.

There are no consequences, if the court gives the decree then it becomes binding on both the parties. Since process remains the same therefore it was picked from a website. For your convenience the following is the process in chronological order:

1. Petition is filed (containing the grounds of annulment) at the court where the couple last resided or where the defendant is presently residing.

2. Summon will be served upon the defendant.

3. Defendant will mark her appearance and will file a WS.

4. Both the parties will then file the evidence and the case will then be heard finally.

Regards

you have to file petition for declaration that marriage is nullity as you fall within prohibited degree of relationship

2)if wife contests the proceedings it would be a long drawn affair

3) divorce by mutual consent is best option

Hello,

As already told if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. This legal declaration is obtained through the petition filed for declaring the marriage as null.

By saying that she will contest, I mean that she will appear before the court of law and will confirm that you fall within the prohibited degree or will refute it. And if she does not appear then ex-parte order will be passed.

Advise: Since your marriage is void as per Hindu Marriage Act, mutual consent divorce is a weak option because divorce happens when their is a marriage.

Regards

the wife can contest annulment proceedings on grounds that there is custom among your community permitting marriage among first cousins

2) it has to be established during trial whether any such custom is prevalent in your community or not

3) if you are staying in Dubai you will have to come down to India to file petition

Replying to the query asked by you in feedback:

No, Notice will be served upon the wife as soon as you will file the suit for annulment.

Regards

Sir , consuming marriage with cousin over a period of 10 years .. And now filing for annulment is not that easy.. Laws are amended as per the circumstances of case.. If you don't consider this as a marriage then how will you explain the physical relationship with your cousin for over 16 years...it is not that easy to file annulment .. It is better to Convince Cher for alimony and go for mutual divorce..

1. Is marriage to cousin an usual practice as per the culture and customs of your caste or community?

2. If yes, the you can not seek decree of annulment calling your said marriage as void at law.

3. If not, then you can file the said annulment petition before the Court for issuing a decree of annulment of your said marriage.

4. However, your said annulment will not be smooth since you shall be asked for the reason for seeking the annulment now on the said ground which you knew very well while marrying your cousin.

1. Clear picture is that your marriage is void at law since you two are in prohibitive relationship.

2. You can file an annulment petition for the decree of annulment on the above ground.

3. You shall have to show some reason which forced you to marry your cousin, preferably pressure from her side.

The petition seeking annulment of marriage should have been filed within one year from the date of marriage.

In your case since you have married her under the customs that are prevalent in your community, it cannot be annulled as void marriage.

You have no other choice than to file a contested divorce case if she is not willing for mutual consent divorce.

Your understanding is not correct.

If ther marriage has been performed with the consent of elders of the family then it can be deemed that this customary marriage is prevalent and legally valid therefore you canot claim it to be void that too after so many years of marriage life.

If you were knowing that this marriage is void you should not have consented for the marriage or you could have filed a petition immediately after coming to know about its invalidity.

Any petition seeking annulment of marriage at this stage is not maintainable.

You may better file a contested divorce petition by giving power of attorney to some close relative in your home town.