Application format for Presentation of Petition for Divorce within one year of Marriage under Section 14 of Hindu Hindu Marriage Act 1955 along with Affidavit. Application needs to be filed if Divorce Petition is filing before completion of one year from the marriage date.

Format of Application under Section 14 of Hindu Marriage Act 1955 for presentation of Petition for Divorce within one year of Marriage.

As per Section 14 of Hindu Marriage Act 1955 No petition for divorce to be presented within one year of marriage. To file Divorce Petition within one year an application needs to be filed for Permission to file the Petition. In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.

Format of Application under section 14 of Hindu Marriage Act 1955 for Presentation of Petition for Divorce within one year of Marriage is given below:

 

 

IN THE COURT OF THE _____________ JUDGE AT _________

MATRIMONIAL CASE NO. __________ OF 20__
 

IN THE MATTER OF:

MRS. W_________                                                                PETITIONER

VERSUS

MRS. H __________                                                           RESPONDENT
 

APPLICATION UNDER SECTION 14 OF HINDU MARRIAGE ACT, 1955


MOST RESPECTFULLY SHOWETH:
 

The Petitioner, above named submits as under:


1. That marriage of the Applicant and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P-1.

2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under:

HUSBAND
BEFORE MARRIAGE.
Age Address Status

 
AFTER MARRIAGE
Age Address Status


WIFE
BEFORE MARRIAGE
Age Address Status


AFTER MARRIAGE
Age Address Status

3. That the marriage has not been consummated.

4. That the Applicant and her husband were living together happily at the matrimonial house. That on _______ husband of the Petitioner has expelled the Petitioner after merciless beatings, when she questioned him about his drunken nature and misusing of money for drinking liquor with his friends.

 

 

5. That this is a case of exceptional hardship to the applicant or exceptional depravity on the part of the respondent _____.

6. That no litigation has taken place between the parties to the Petition earlier.

7. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court.

8. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
 

P R A Y E R


That the Petitioner, therefore, prays:

a) that she may be allowed to present a petition for decree of divorce within one year of the marriage; and

b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.

APPLICANT

THROUGH

______________., Advocate

Place :

Date :

VERIFICATION

I, W, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me.

Signed and verified this _______ day of _______ 20 _______ at _______
 

PETITIONER

 

Format of affidavit to be filed in Support of Application under Section 14 of Hindu marriage Act

IN THE COURT OF THE _____________ JUDGE AT _________

MATRIMONIAL CASE NO. __________ OF 20__
 

IN THE MATTER OF:

MRS. W_________                                                                PETITIONER

VERSUS

MRS. H __________                                                           RESPONDENT
 

AFFIDAVIT


I, Mr. / Ms. _______________ aged _________ years, Occupation _______ the Petitioner do solemnly affirm and say as follows:


1. That I am the Petitioner in the accompanying Application under Section 14 of Hindu Marriage Act, 1955 and well acquainted with the facts of the case.

2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity.

3. That this is a case of exceptional hardship to the applicant or exceptional depravity on the part of the respondent _____.

4. That on ________ attempts have been made by ______________ for reconciliation of the issue, but in vain.

Signed at ___________ this ___________ day of ___________20__

 

DEPONENT

VERIFICATION

I, __________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.


Signed and verified this _______ day of _______ 20 _______ at _______

 

DEPONENT