PETITION BY HUSBAND FOR ANNULMENT OF VOIDABLE MARRIAGE [CD1]
IN THE COURT OF THE DISTRICT JUDGE AT _______ Matrimonial Petition No_______ of 20_______
_________________________________________________________
Petitioner ;
VERSUS
_________________________________________________________Respondent.
Petition under
Section 12(1)(d) of the Hindu Marriage Act, 1954.
The Petitioner states as follows :
1. The
parties were married after the commencement of the Hindu Marriage Act on
________________ at _________________ An extract from the Hindu Marriage
Register/Affidavit is filed herewith.
2. The
parties before the marriage and even now are Hindus and reside at the addresses
mentioned above.
3. After
the aforesaid marriage the respondent came to live with the petitioner at his
house. The respondent showed symptoms of retching and was often unable to
retain any food or liquid. The petitioner grew apprehensive and desired to
consult some physician but the respondent said that there was nothing serious
and she may be sent to her parental home where she would recover soon.
4. The
petitioner sent the respondent to her father’s house on ______________ and kept
on visiting her to ascertain her welfare. The petitioner insisted that a doctor
be consulted and on the respondent’s father’s assent, Dr _______. was requested
to examine the respondent. Dr
________________suspected that the respondent was pregnant
and for confirmation advised that some gynaecologist be consulted.
5. That
on or about _____________ the medical superintendent of the Women’s Hospital
was consulted who on examination confirmed that the respondent was probably
running in the fourth month of her pregnancy.
6. The
petitioner wrote a letter on ____________ to the respondent saying that she was
carrying a child of sin in her womb and that was the end of marriage so far as
he was concerned. He, however, warned her of the dangers of abortion and that
he would be vigilant about it. The respondent made no reply to the letter.
7. That
the respondent delivered a full grown son in the Women’s Hospital,
____________, on _____________That the said child was not the result of the
petitioner’s cohabitation with the respondent.
8. The
petitioner was ignorant of the facts of the pregnancy of the respondent at the
time of his marriage.
9. No
marital intercourse has taken place between the parties since the discovery by
the petitioner that the respondent was pregnant.
10. This
petition is being filed within one year of the date of the marriage.
11. There
is no collusion between the parties in respect of these proceedings.
12. Since
the marriage was solemnised at. ____________________ this Court has
jurisdiction to entertain this petition.
The petitioner, therefore, prays that the
marriage between the parties be annulled by a decree of nullity and the
petitioner be awarded special costs.
Sd. _______.
Petitioner.
VERIFICATION
The abovenamed petitioner states on solemn
affirmation that Paras 1 to _______ of the petition are true to the best of
petitioner’s information and belief. Verified at ______________________
(place).
Sd. _______
Dated. _______.
Petitioner.
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