If you are stuck in such a situation, here is what to do.

Ms. Anika, a software developer from the city of Suryanagar, entered into an arranged marriage with Mr. Varun. The marriage was registered under the Hindu Marriage Act. Shortly after the ceremony, Anika discovered that Varun had fraudulently concealed the fact that he was suffering from a severe, incurable mental disorder, a fact that was critical to her consent. Feeling deceived, she approached the Family Court in Suryanagar seeking a declaration that her marriage was null and void.

After presenting her evidence, the court granted her a decree of nullity, annulling the marriage. While relieved, Anika was left with a crucial question: What should she do about the marriage certificate issued by the Registrar of Marriages? Does the court’s order automatically cancel it, or does she need to take further steps?

Advice in such cases

A decree of nullity from a competent court means the marriage is legally voided. For a voidable marriage (like in cases of fraud), it is treated as if it never existed from the date the decree is passed. However, the physical marriage certificate remains in the records of the Registrar of Marriages. It is a prudent and necessary step to get this record updated to reflect the court’s decision. This prevents any potential misuse of the certificate by the other party in the future and ensures all official records are accurate.

You should obtain a certified copy of the court’s decree of nullity and submit an application to the same Registrar of Marriages where the marriage was originally registered. Along with the application, provide the decree, the original marriage certificate (if available), and your identity proof. The Registrar will then make an entry in the marriage register, effectively cancelling the registration and noting the court’s order.

Applicable Sections of Law

The nullity of marriage in India is primarily governed by personal laws. For Hindus, Buddhists, Jains, and Sikhs, the relevant law is the Hindu Marriage Act, 1955.

• Section 11 of the Hindu Marriage Act, 1955 (Void Marriages): A marriage is considered void from the very beginning if it violates certain conditions, such as if either party has a living spouse at the time of marriage (bigamy), or if the parties are within the degrees of prohibited relationship or are sapindas of each other.
• Section 12 of the Hindu Marriage Act, 1955 (Voidable Marriages): A marriage is voidable and can be annulled by a decree of nullity on grounds like:
  • The marriage has not been consummated owing to the impotence of the respondent.
  • Consent was obtained by force or by fraud as to the nature of the ceremony or any material fact or circumstance concerning the respondent.
  • The respondent was, at the time of the marriage, pregnant by some person other than the petitioner.

Similar provisions exist in other personal laws like the Special Marriage Act, 1954, and the Indian Christian Marriage Act, 1872.

If you are the complainant

If you find yourself in a situation where your marriage is void or voidable, you are the petitioner who must approach the court.

• Gather Evidence: Collect all possible proof related to the ground for nullity. This could be documents, medical records, witness statements, or digital evidence proving fraud, a prior marriage, or other relevant facts.
• File a Petition: You must file a petition for nullity at the appropriate Family Court that has jurisdiction over your case.
• Consult with Lawyer: The very basic and important step to start is to talk to a lawyer/advocate. You should not hesitate in paying his consultation fee, which might be in the range of Rs. 10,000 to 50,000, depending on the case. He is helping you come out of this situation. He is an expert in the domain and can help you understand the procedure, which you might have never explored. A good lawyer can get the issues resolved in 7-10 days.
• Obtain the Decree: Once the court is satisfied with your case, it will pass a decree of nullity. Ensure you get a certified copy of this judgment and decree.
• Update Records: Use the certified copy to update your records, including the marriage register, bank accounts, and any other official documents where your marital status is mentioned.

If you are the victim

Discovering that you are a victim of marriage fraud can be emotionally devastating. It is important to act calmly and strategically.

• Secure Yourself: Ensure your personal documents, finances, and valuables are secure.
• Document Everything: Make a note of all events, conversations, and facts that constitute the fraud or the ground for annulment. Preserve all evidence carefully.
• Seek Legal Counsel: Immediately contact a lawyer specializing in family law. Do not delay, as there are statutory time limits for filing a petition for nullity on certain grounds (e.g., in cases of fraud, the petition must be filed within one year of discovering the fraud).

How the police behave in such cases

A petition for nullity of marriage is a civil remedy and is handled by the Family Courts, not the police. The police do not have the authority to annul a marriage. Their role comes into play only if a separate criminal offense has been committed. For instance, if the case involves bigamy (a criminal offense under Section 356 of the Bharatiya Nyaya Sanhita, 2023), dowry harassment (Section 85/86 of BNS), or criminal cheating (Section 318 of BNS), you can file a police complaint or an FIR. The police investigation into the criminal act will proceed independently of the civil case for annulment in the Family Court.

FAQs people normally have

What evidence is required?

Evidence depends on the specific ground for annulment. Common evidence includes:

• The Marriage Certificate and wedding photographs/videos to prove the marriage took place.
• For fraud: Witness testimony, documents, emails, or messages that prove the misrepresentation.
• For bigamy: The marriage certificate of the previous, existing marriage.
• For impotence or mental disorder: Medical reports and expert testimony.
• Witnesses who can corroborate your claims.

How long will the investigation take?

Annulment is a court process, not a police investigation. The duration of the court case can vary significantly. If the other party (respondent) does not contest the case and the evidence is strong, a decree might be obtained in 6-12 months. However, if the case is contested, it can take longer, often stretching from 1 to 3 years, depending on the court’s schedule, the complexity of the case, and the cooperation of the parties.

Advocate Sudhir Rao, Supreme Court of India