PETITION FOR DIVORCE UNDER SPECIAL MARRIAGE ACT [CD1] 

 

 

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

........................................................................ Applicant

versus 

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

Application under Section 29 of the Special Marriage Act, 1954 (No. 43 of 1954) praying that a petition for divorce may be allowed to be presented within one year of the date of entering the certificate of marriage in the Marriage Certificate Book.

The Applicant prayed as under: —

1.            The applicant is the husband/wife of the respondent. The marriage between the parties was solemnized under Chapter II/III of the Act by the Marriage Officer of.................... at.................... on.................... and a certificate of marriage was entered in the Marriage Certificate Book on.................... a certified copy of the certificate of marriage is attached with this application.

2.            The status and place of residence of the parties to the marriage before the marriage and at time of filing the application 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

 

3.            (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages).

4.            There is a case of (exceptional hardship to the petitioner/ exceptional depravity on the part of the respondent).................... as.................... (state here in accordance with the Rules and as distinctly as the nature of the case permits all the particulars about the exceptional hardship or depravity, as the case may be).

5.            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)

 

 

 

 

 

 

6.            The marriage was solemnized at....................... the parties reside at ......... The parties last resided together at.......................

OR

(Whether the application is by a wife domiciled in the territories of India except the State of Jammu and Kashmir). The applicant is resident. within the territories of India excluding the State of Jammu and Kashmir and has been ordinarily resident, therein for a period of three years immediately preceding the presentation of this application and the respondent is not resident in the said territories).

7.            The applicant, therefore, submits that this Hon’ble Court has jurisdiction to entertain this petition.

8.            The applicant therefore prays that he/she may be allowed to present a petition for divorce within one year of the date of entering the certificate of marriage in the Marriage Certificate Book.

Applicant VERIFICATION

The abovenamed applicant states on solemn affirmation that Paras................ to.................... of the application are true to the applicant’s knowledge and paras .................... to.................... are true to the applicant’s information received and believed to be true by him/her.

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

Place.................... Applicant

 

 

 [CD1]PETITION FOR DIVORCE UNDER SPECIAL MARRIAGE ACT