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How does divorce differ from annulment in India?

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Divorce and annulment are two legal processes in India that can be used to end a marriage. While they may appear to be the same, there are important variations between the two that people should be aware of. In this blog post, we will define divorce and annulment, explain how they differ, and what you should know if you are considering either.

First, let us discuss divorce. A divorce is a legal procedure that dissolves a marriage. It may be requested by either spouse and granted by a court of law. There are two sorts of divorce in India: mutual consent divorce and disputed divorce.

When both parties agree to end their marriage and submit a combined petition in court, this is known as mutual consent divorce. In contrast, contested divorce occurs when one spouse applies for divorce while the other spouse fights it in court. Divorce grounds vary from spouse to couple, but some common ones include infidelity, cruelty, abandonment, and irreconcilable differences.

An annulment, on the other hand, is a legal procedure that declares a marriage to be null and void, as if it never happened. In other terms, an annulment renders the marriage null and void. In India, an annulment can be granted on a variety of grounds. Fraud, compulsion, impotency, and unsoundness of mind are among the grounds.

One significant distinction between divorce and annulment is that divorce terminates a lawful marriage, whereas annulment renders a marriage invalid. This signifies that the pair was legally married before the divorce, but the marriage was never legally recognised after the annulment.

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Another significant distinction is that divorce can be given regardless of how long the couple has been married, whereas annulment can be granted only if the marriage was void or voidable from the start. This means that if a couple has been married for a number of years and one spouse discovers that the marriage was based on fraud or coercion, they may not be eligible for an annulment, but they may be able to petition for divorce.

Divorce and annulment are also legal processes that differ. While both involve court proceedings, divorce can be a more time-consuming and complicated process, particularly in disputed divorces. Annulment, on the other hand, is a simpler process because it requires showing that the marriage was invalid from the start.

If you are thinking about divorce or annulment, you should speak with a knowledgeable lawyer who can walk you through the legal procedure and help you understand your alternatives. You should also be aware of the legal and financial ramifications of divorce and annulment, as they might have serious consequences in your life.

Finally, divorce and annulment are two independent legal processes in India that can be utilised to dissolve a marriage. While they have certain parallels, they also have important differences, such as the reasons for filing, the legal repercussions, and the process involved. If you are thinking about divorce or annulment, speak with a knowledgeable lawyer to learn more about your choices.

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