Sep 21, 2017
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Divorce Annulment: What is the difference between divorce and annulment?

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Difference between divorce annulment:

This article talks about divorce annulment concepts as related to marriage and family laws in India. Divorce annulment and legal separation have distinct meaning in Indian law.

Annulment (Nullity of marriage)

Meaning of Annulment

Annulment of marriage is a legal decree that a marriage is null and void. It means that the marriage has not happened at all,Nullity of marriage is same as annulment .

Marriage due to non-consumption,fraud,force,concealment of the facts or in prohibited degree of relationship  considered as void marriage.

Alimony or maintenance is not provided in case of above mention grounds. The persons would regain the unmarried status.

Divorce

Meaning of Divorce

Divorce is the dissolution of the marriage by both the parties on the basis of cruelty, desertion, adultery etc. Here the alimony as well as maintenance comes into force, if one of the spouse wants. Likewise, Divorcee is status of person after divorce .

Divorce, also known as dissolution of marriage, is the termination of a marriage or marital union, the canceling or reorganizing of the legal duties and responsibilities of marriage , thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state.

Difference between Divorce Annulment

Difference between divorce annulments differs according to evolution of different personal laws, religious and customary laws and other social considerations.

        1. Meaning:

  • Divorce is dissolution of marriage by party to marriage by filing petition with court of law, it is may or may not happen with mutual consent of parties.
  • However,Annulment is a legal procedure for declaring a marriage null and void.

        2. Object:

  • Divorce- Termination of a marital union, the canceling and/or reorganizing of the legal duties and responsibilities of marriage.
  • Annulment- It is generally to state that the marriage was never legal in the first place and it stands Null & Void.

         3. Alimony:

  • Firstly, Alimony or maintenance likewise is provided to a spouse after divorce in the form of a financial support. It is required to be provided by the husband to his wife.
  • Similarly,Alimony is provided depending on facts and circumstances of cases in case of matters related to divorce .
  • However,On nullifying or annulling the marriage the question of alimony may rarely arise

         4. Grounds:

  • Divorce-  On the following circumstances  marriage stands dissolve they are Incompatibility, Irreconcilable differences, Common agreement,Sexual harassment,Adultery, Drunkenness, Physical incapacity,Desertion,Imprisonment,Cruelty.
  • Annulment- On the following circumstances marriage stands annulled they are Misrepresentation or fraud, Concealment of facts like already married or under-age,Lack of consummation,Forced marriage, Spouses are in prohibited relation.

For finding lawyers related to divorce and annulment, visit Near law  

Article Categories:
Divorce · Family Law

Renuka is a Final Year LL.B. student at Siddharth College of Law. She has done her Bachelors in Banking & Insurance and has also completed her Masters in Business Management . She likes to participate in legal workshops and Moot Courts. Besides her interest in law, she has a keen aptitude for legal research and is good at putting her analysis into words.

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