PETITION FOR A DECREE OF NULLITY OF MARRIAGE

 

PETITION FOR A DECREE OF NULLITY OF MARRIAGE [CD1] 

 

IN THE DISTRICT COURT AT....................

........................................................................ Petitioner

versus 

..................................................................... Respondent

Petition for a decree of nullity of marriage under Section 11 of the Hindu Marriage Act, 1955 (No. 25 of 1955).

The petitioner prays as follows: —

1.            A marriage was solemnized between the parties after the commencement of the Hindu Marriage Act on.................... at.................... A certified extract from the Hindu Marriage Register/affidavit duly attested is filed herewith.

2.            The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows:

Husband                                                                                                        Wife

Status                                                                                                              Status

Age                                                                                                                  Age

Place of Residence                                                                                         Place of Residence

 

 

(i)   Before marriage

(ii)  At the time of filing the petition

 

[Whether a party is a Hindu by religion or not is a part of his or her status.

3.  [In this paragraph particulars and place(s) of co-habitation as husband and wife and the children from the marriage, if any, may be given. The date and place of birth and name and sex of each child and the fact whether alive or dead should also be stated].

4.  The respondent has a spouse living at the time of the marriage (State full particulars).

Or

The parties are within the degrees of prohibited relationship and there is no custom or usage governing each of them which permits of a marriage between the two. (Exact relationship between the parties should be given).

Or

The parties are sapindas of each other and there is no custom or usage governing each of them which permits of a marraige between the two. (Exact relationship between the parties should be specified).

(One or more of the above grounds may be pleaded and portions which are not applicable should be scored out. Facts on which the claim to relief is founded should be stated as distinctly as the nature of the case permits. The Matrimonial offences charged should be set in separate paragraph with times and places of their alleged commission).

5.  There has not been any unnecessary or improper delay in filing the petition.

6.  There is no other legal ground why relief should not be granted

7.  There has not been any previous proceedings with regard to the marriage by or on behalf of any party.

Or

There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: —

Serial No.	Name of Parties	Name         of Proceedings with section of the Act	Number and date and year of the case	Name and location of the court	Result
(i)
(ii)
(iii)
(iv)

 

8.  The marriage was solemnized/reside/parties ................. within the local limits of the ordinary orieinal last resided civil jurisdiction of this Court.

9.  The petitioner, therefore, prays that the marriage Solemnized between the parties being null and void may be so declared by the Court by a decree of nullity.

Petitioner 

VERIFICATION

The abovenamed petitioner states on solemn affirmation that Paras.................... to.................... of the petition are true to the best of the petitioner’s information and belief.

Verified on this................. day of.................... 19.................... at....................

Place.................... Petitioner

 

 

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 [CD1]PETITION FOR A DECREE OF NULLITY OF MARRIAGE