Annulment of marriage is a judicial decree declaring that a marriage is null and void, either because it was invalid from inception (void) or because it suffers from a defect that makes it liable to be set aside (voidable). Under Indian law, annulment is governed by Sections 11 and 12 of the Hindu Marriage Act, 1955, distinguishing between marriages that are void ab initio and those that are voidable at the option of the aggrieved party.
Legal definition
The Hindu Marriage Act, 1955 addresses annulment through two distinct provisions:
Section 11 — Void Marriages:
Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.
Section 12 — Voidable Marriages:
(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, namely:— (a) that the marriage has not been consummated owing to the impotence of the respondent; or (b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud; or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
The Special Marriage Act, 1954 contains equivalent provisions under Sections 24 and 25.
How courts have interpreted this term
Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav [(1988) 1 SCC 530]
The Supreme Court held that a second marriage during the subsistence of the first marriage is void under Section 11 read with Section 5(i) of the Hindu Marriage Act. The Court observed that the second wife of a bigamous marriage cannot claim the status of a "wife" for the purposes of claiming maintenance under Section 125 CrPC, as the marriage is a nullity in the eyes of law.
Chandra Mohini Srivastava v. Avinash Prasad Srivastava [(1967) 1 SCR 864]
The Supreme Court held that a party seeking annulment on the ground of fraud must prove that the fraud was of such a nature that it relates to a material fact concerning the marriage — a minor misrepresentation about family background or financial status may not suffice. The fraud must concern a condition essential to the validity of the marriage itself.
Neelu Kohli v. Naveen Kohli [(2004) 3 SCC 334]
The Court clarified that a decree of nullity under Section 12 operates differently from Section 11. While a void marriage under Section 11 is a nullity from inception and requires no decree to invalidate it (though a decree may be obtained for certainty), a voidable marriage under Section 12 remains valid until set aside by a court decree.
Why this matters
Annulment is fundamentally different from divorce. While divorce terminates a valid marriage, annulment declares that the marriage was defective from its inception — either never valid at all (void) or valid but liable to be set aside (voidable). This distinction has significant legal consequences for succession rights, property rights, and the status of children born from the union.
Under Section 16 of the Hindu Marriage Act, children born of void or voidable marriages are deemed legitimate, protecting their inheritance rights even though the marriage itself is declared null. This is an important statutory safeguard that prevents innocent children from suffering the consequences of their parents' invalid marriage.
For practitioners, the choice between seeking annulment and seeking divorce depends on the specific facts. Annulment on the ground of a void marriage (Section 11) requires no mandatory waiting period, unlike divorce which cannot be filed within one year of marriage under Section 14 HMA. This makes annulment the faster remedy where applicable grounds exist, particularly in cases of bigamy or prohibited-degree marriages discovered shortly after solemnisation.
Related terms
Specific types:
Related remedies:
Consequences:
Frequently asked questions
What is the difference between annulment and divorce?
Annulment declares that the marriage was defective from inception — it treats the marriage as if it never validly existed. Divorce terminates a valid marriage. Annulment addresses a defect in the formation of the marriage, while divorce addresses the breakdown of a validly formed marriage.
Can children born from an annulled marriage inherit property?
Yes. Under Section 16 of the Hindu Marriage Act, children born of void or voidable marriages are deemed legitimate. They are entitled to inherit property from both parents, although their inheritance rights are limited to the property of their parents and do not extend to other relatives of the joint family.
Is there a time limit for seeking annulment?
For void marriages under Section 11, there is no time limit — a void marriage can be challenged at any time by either party. For voidable marriages under Section 12, certain grounds have specific time limitations. For instance, a petition on the ground of fraud or force must be filed within one year of the discovery of the fraud or cessation of force.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.