Marriage dissolution can take two primary forms in India: annulment and divorce. While both end a marriage, they operate on different legal principles. Annulment treats the marriage as though it never existed, while divorce ends a legally valid marriage. Here's an in-depth look at the distinctions, grounds, and relevant case laws that clarify the nuances of annulment and divorce in Indian law.

What is Annulment of Marriage?

An annulment declares a marriage null and void, effectively establishing that a valid marriage never took place. Annulment applies when a marriage is void ab initio (invalid from the beginning) or voidable due to specific factors. Under Section 11 and Section 12 of the Hindu Marriage Act, 1955, certain grounds allow for annulment.

Grounds for Annulment:

• Void Marriages (Section 11, Hindu Marriage Act): These marriages are considered void under law and do not require a formal declaration for annulment but can be confirmed through a decree for clarity. Grounds include:
  • Bigamy: If either spouse was married to another person at the time of the marriage (Ref: Sarabjit Kaur v. Amarjeet Singh AIR 2008 SC 2139).
  • Prohibited Degree of Relationship: Marriages within prohibited relationships (such as marrying a sibling) without a specific legal exemption are void.
  • Sapinda Relationship: Marriages between Sapindas (close blood relatives) are void unless permitted by local customs.
• Voidable Marriages (Section 12, Hindu Marriage Act): These marriages are valid until annulled through a court decree on grounds like:
  • Impotency: In Ravi Kumar v. Julmi Devi (AIR 1989 All 225), the court held that impotency is a ground for annulment if the incapacity to consummate existed at the time of marriage.
  • Unsound Mind or Mental Disorder: If a spouse was of unsound mind or had a mental disorder during marriage, as seen in Kusum Lata v. Kampta Prasad (AIR 2005 SC 1254).
  • Fraud or Misrepresentation: In Jai Singh v. Sher Singh (2006 SC 1322), the court annulled the marriage due to misrepresentation of critical facts during marriage.

What is Divorce?

Divorce legally dissolves a valid marriage and is final once granted. Divorce grounds are generally based on the Hindu Marriage Act, 1955, Special Marriage Act, 1954, or other personal laws depending on religious affiliation. Divorce assumes the marriage was valid from the start, but certain behaviours or circumstances make it untenable for the spouses to continue.

Grounds for Divorce under the Hindu Marriage Act, 1955:

• Adultery: Engaging in a sexual relationship outside the marriage. This was a common ground for divorce in Narendra v. K. Meena (AIR 2016 SC 2693), where the Supreme Court reaffirmed that adultery is sufficient grounds for divorce.
• Cruelty: Mental or physical cruelty causing distress. In Samar Ghosh v. Jaya Ghosh (AIR 2007 SC 1426), the court provided guidelines on what constitutes cruelty, including severe mental agony and emotional abuse.
• Desertion: One spouse abandoning the other without a valid reason for at least two years, as in Bipin Chandra v. Prabhavati (AIR 1957 SC 176).
• Conversion and Renunciation: If a spouse converts to another religion or renounces the world, the marriage can be dissolved, as stated in Section 13(1)(ii) and Section 13(1)(vi).
• Mental Disorder or Incurable Disease: Divorce can be granted if a spouse is of unsound mind or suffers from an incurable illness. The case of Amardeep Singh v. Harveen Kaur (2017 SCC OnLine SC 1073) demonstrated that a permanent mental disorder could be grounds for divorce.
• Irretrievable Breakdown of Marriage: Although not a statutory ground, courts have occasionally granted divorce on this basis. In Shyam Sunder Kohli v. Sushma Kohli (AIR 2004 SC 511), the Supreme Court exercised its special powers to grant a divorce due to an irretrievably broken marriage.

Key Differences between Annulment and Divorce
 

Aspect	Annulment	Divorce
Legal Basis	Declares marriage void or voidable	Legally ends a valid marriage
Marriage Status	Treated as if it never existed	Recognizes marriage but ends it legally
Eligibility for Grounds	Grounds exist from start of marriage	Grounds arise after marriage
Examples of Grounds	Bigamy, fraud, impotency	Adultery, cruelty, desertion, mental disorder
Duration Requirements	Shorter duration requirements, within specific timeframes	Can be filed anytime after grounds exist
Legal Impact on Children	Children from annulled marriages are illegitimate unless protected by law (Section 16, HMA)	Divorce does not affect legitimacy of children

When to Choose Annulment Over Divorce:

• Validity Concerns from the Start: Annulment is appropriate when there are legal issues from the outset (e.g., bigamy, prohibited relationships).
• Fraud or Misrepresentation: If a marriage was entered into due to fraud, annulment provides a remedy as it invalidates the union rather than ending it legally.

Notable Case References

• Sarabjit Kaur v. Amarjeet Singh (AIR 2008 SC 2139): Void marriage declared due to bigamy.
• Ravi Kumar v. Julmi Devi (AIR 1989 All 225): Annulment granted due to impotency.
• Narendra v. K. Meena (AIR 2016 SC 2693): Divorce due to adultery upheld by the Supreme Court.
• Samar Ghosh v. Jaya Ghosh (AIR 2007 SC 1426): Defined "cruelty" as a legitimate ground for divorce.
• Shyam Sunder Kohli v. Sushma Kohli (AIR 2004 SC 511): Divorce granted due to irretrievable breakdown, highlighting judicial discretion.

Conclusion
Annulment and divorce serve different legal needs based on the circumstances of the marriage. Annulment is suitable when a marriage was fundamentally flawed from the beginning, while divorce addresses irreconcilable issues arising post-marriage. Understanding these distinctions is essential for couples seeking the best course of legal action, providing a framework to either erase or dissolve their marital bond.