Annulment differs from divorce: a decree of nullity declares that a valid marriage never came into existence, or cancels a voidable one. The chamber of Advocate Manish Jha handles annulment petitions before the Family Courts of Delhi and may be contacted as below.
Void and Voidable Marriages in Brief
Under the Hindu Marriage Act, 1955, Section 11 declares a marriage void where an essential condition is absent — chiefly a subsisting spouse (bigamy), parties within prohibited degrees, or a sapinda relationship, absent a custom permitting it. Section 12 makes a marriage voidable, at the instance of the aggrieved spouse, on grounds including impotence resulting in non-consummation, incapacity to consent or unsoundness of mind at the time of marriage, consent obtained by force or fraud, and the respondent wife's pregnancy by another person at the time of marriage. Voidable marriages remain valid until annulled, and some grounds carry time limits — fraud and force petitions must ordinarily be filed within one year of discovery of the fraud or cessation of the force.
For civil marriages, Sections 24 and 25 of the Special Marriage Act, 1954 contain the parallel scheme. Annulment petitions are filed before the Family Court of appropriate jurisdiction in Delhi, and the legitimacy of children is statutorily protected. The chamber advises whether the facts support nullity or are better addressed through divorce, and drafts and conducts the petition; see also marriage registration and the wider matrimonial practice.
Chamber Address
Advocate Manish Jha
E-397, 4th Floor, Tagore Garden Extension, New Delhi – 110027
Phone: +91 98738 50301
Email: legal@advocatemanishjha.com
How to Reach the Chamber
Consultations are by prior appointment over phone or email. When writing, it helps to mention the court where any case is pending, the case or FIR number if one exists, the next date of hearing, and a short chronology — the date of marriage, when the ground for annulment was discovered, and any children of the marriage. The chamber appears in Family Courts across the Delhi district complexes and before the High Court of Delhi.
Frequently Asked Questions
What is the difference between annulment and divorce?
Divorce dissolves a valid marriage for conduct or circumstances arising after it, such as cruelty or desertion. Annulment, by a decree of nullity, establishes that the marriage was void from the beginning under Section 11 of the Hindu Marriage Act, or cancels a voidable marriage under Section 12 for defects existing at the time of marriage, such as fraud, force or impotence.
What makes a marriage void under Indian law?
Under Section 11 of the Hindu Marriage Act, 1955 and Section 24 of the Special Marriage Act, 1954, a marriage is void where a party had a living spouse from a subsisting marriage, or the parties are within prohibited degrees or sapinda relationship without a custom permitting the union. A void marriage has no legal existence, though children's legitimacy is statutorily protected.
Is there a time limit for annulment on the ground of fraud?
Yes. A petition under Section 12 of the Hindu Marriage Act on the ground of force or fraud must ordinarily be presented within one year of the force ceasing or the fraud being discovered, and the petitioner must not have voluntarily lived with the other spouse as husband or wife after discovery. Delay or affirmation can defeat the ground.
What details should be shared when contacting the chamber?
A short chronology helps: date and place of marriage, when and how the ground for annulment came to light, whether the parties have cohabited since, details of any children, and particulars of any pending case — the court, case or FIR number and the next date of hearing. Documents such as the marriage certificate can follow at the consultation.