Nullity of marriage in India

 

Two completely different terms that demand considerable attention in this context are "divorce" & nullity of marriage". Divorce is a termination of marriage, while "nullity" refers to the absence of marriage. Divorces are usually granted on grounds such as adultery, desertion, and abuse. Similarly, in India, a divorce is always granted after careful scrutiny of all the grounds mentioned. In case of divorce, there are two basic requirements that need to be fulfilled by the husband and wife. The first is that both the parties must be honest in all their dealings with one another, and that they should have been trying to reconcile for some time now. If they have not been able to do so, then they are not eligible for a divorce.

Under common law, the grounds required for divorce. Some of these include physical, mental and sexual abuse, cruelty, desertion, and failure to fulfill marital responsibilities. Sometimes, in cases of desertion, it becomes necessary for the husband and the wife to remain separated for at least three years before the divorce is granted. But, in case of separation, there is no requirement of custody of children during this period. Once separation has taken place, the couple can go for a divorce.

When it comes to nullity, there are certain things that are considered as grounds for annulment in India. First, both the parties are unable to marry. Secondly, the marriage must have been solemnized under the influence of duress. Finally, in order to prove this aspect, one must produce a certificate or an affidavit that the marriage was solemnized under duress. If these three conditions are fulfilled, then it becomes possible for the couple to get the annulment.