Marriages are considered to be made in heaven. However with changing times, all the personal laws have recognised certain modes of dissolution of marriage between the parties. The codified law recognises Judicial Separation, Divorce (Mutual Consent Divorce and Contested Divorce) and Nullification of Marriage between the parties as valid ways of Dissolution of Marriage between the parties.

By nullity of Marriage, it is understood that it is a kind of marriage which is not valid and is void ab initio in nature i.e. the marriage between two parties is not valid and since this nullity declares that the marriage between the parties has never taken place. Nullification of Marriage is different from Divorce inasmuch as Divorce presumes that the marriage between the parties is a valid marriage whereas in Nullification, the status of marriage is declared as invalid in law.

NULLITY OF MARRIAGE UNDER HINDU LAW:

Under Section 12 of Hindu Marriage Act there are certain grounds which are provided under the Act wherein the Marriage would be declared as null and void if these grounds are present. The grounds available, contravention of which would declare the marriage as null and void are:-

(a) Section 5(i) Neither party has a spouse living at the time of marriage.

(b) Section 5(iv): the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two

(c) Section 4(v): the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

There are other grounds which are also available under the Hindu Marriage Act which includes Non-consummation of marriage due to impotency, if the Consent of either party was not free or if the parties are able to prove Fraud committed i.e. the consent was obtained by way of fraud, recurrent attacks of Insanity and if the wife was pregnant at the time of marriage by some other person. All these are other grounds available which if proved, the court may declare the marriage as null and void.

NULLITY OF MARRIAGE UNDER MUSLIM LAW

The marriages under the Muslim law is considered as a contract however there is no Specific law for nullification provided by the codified law of the muslim law or the uncodified law as well however for nullification of marriage, a declaratory suit can be filed in the Court to declare the marriage as void marriage on the ground that there was a forced consent and the consent given for the marriage was under undue pressure. The parties will have to prove the deceit regarding significant point claimed due to which the consent was found to be not free since if the marriage contract is due to fraud, the contract becomes voidable at the option of the deceived person.

NULLITY OF MARRIAGE UNDER PARSI LAW

Under Section 30 of the Parsi Marriage and Divorce Act, 1936, only one ground has been provided under which the marriage can be declared as null and void i.e. the consummation of marriage by natural causes is impossible.

NULLITY OF MARRIAGE UNDER CHRISTIAN LAW

Earlier Christian law did not allow annulment as it considers marriage indissoluble and holy wedlock however later on amendment was brought in 2011 and the following limited grounds are provided:-

(a) The Respondent is impotent

(b) Has committed Bigamy

(c) Marriage solemnized within prohibited degree of consanguinity or affinity

(d) Either Party being lunatic at the time of marriage

NULLITY OF MARRIAGE UNDER SPECIAL MARRIAGE ACT

Special Marriage Act is a secular law wherein two different religion persons can get married to each other if they fulfill the eligibility conditions provided under the Act. The Act provides for dissolution of marriage as nullity Under Section 24 of Special Marriage Act wherein the grounds for nullification are:-

(a) Either Party is not of marriageable Age as prescribed

(b) Impotency

(c) Bigamy

(d) Invalid consent due to unsoundness of mind or mental illness

(e) Married under a prohibited relationship

Thus, as we see, all the personal laws provide for the nullification of marriage however the limitation period is to be kept in mind while filling an application for nullification of marriage. Further, the burden of proof is on the party approaching the court to prove that the grounds so pleaded exists and must plead it in specific reasons for declaration of the marriage as nullification.