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How to determine if your marriage is eligible for annulment in India

In India, the eligibility for annulment of a marriage is determined based on certain legal grounds as specified in the Hindu Marriage Act, 1955

Please note that this is not legal advice, and it’s important to consult with an attorney who specializes in family law or matrimonial matters to understand your specific situation. However, we can provide you with some general information on the grounds for annulment in India:

Void Marriages: A void marriage is considered invalid from the beginning, and it is treated as if it never took place. 

The following situations can lead to a void marriage:

  1. If either party is already married or in a subsisting marriage at the time of marriage.
  2. If the parties are within the prohibited degrees of relationship (e.g., close blood relatives).
  3. If either party is of unsound mind or mentally incapable of understanding the consequences of marriage.

Voidable Marriages: A voidable marriage is considered valid until it is annulled by a court. The following situations may make a marriage voidable:

  1. Non-consummation of marriage: If the marriage has not been consummated due to the impotence of either party or the unwillingness of either party to consummate the marriage.
  2. Consent obtained by fraud: If consent to the marriage was obtained by force, fraud, or the concealment of certain facts that, if known, would have affected the decision to marry.
  3. Mental disorder: If either party suffers from a mental disorder or is subject to recurrent fits of insanity.
  4. Physical incapacity: If either party suffers from a physical incapacity that prevents the marriage from being consummated.
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It is important to note that the process and specific requirements for annulment may vary depending on the state in which you are residing in India. 

It is advisable to consult with a legal professional who can guide you through the process and provide advice based on your individual circumstances.

Remember, this information is not legal advice, and it’s always recommended to seek professional legal assistance for accurate guidance.

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