Petition format for Decree of Nullity of Marriage under Section 11 of Hindu Marriage Act. Nullity of Marriage Petition can be filed on some specific grounds mentioned in the Act.

Format of Petition for Decree of Nullity of Marriage under section 11 of HMA to declare marriage as null and void, when the Petition satisfies grounds for Nullity of Marriage.

 

As per Section 11 of the Hindu Marriage Act - Void Marriages, any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5. Clauses (i), (iv) and (v) are as under:

(i) neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;.

Format of Petition for Decree of Nullity of Marriage under Section 11 of Hindu Marriage Act is given below:

 

 

IN THE COURT OF THE _____________ JUDGE AT _________

MATRIMONIAL CASE NO. __________ OF 20__
 

IN THE MATTER OF:

MRS. WIF_________                                                                PETITIONER
 

VERSUS


MR. HUS __________                                                       RESPONDENT
 

PETITION FOR DECREE OF NULLITY OF MARRIAGE UNDER SECTION 11 OF HINDU MARRIAGE ACT


MOST RESPECTFULLY SHOWETH:
 

The Petitioner, above named states as under:


1. That marriage of the Petitioner 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 P1.

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:

i) Place of residence before the Marriage

ii) Place of residence at the time of filing the Petition

3. That from this marriage, the couple has been blessed with one girl child aged 4 years and one boy aged 2 years.   That the Children is living with the Respondent.

4. That the Petitioner and his wife were living together happily at the matrimonial house. That recently the Petitioner learnt that the respondent had a spouse living at the time of present marriage. The Respondent was already married to Mrs __________ aged _____________ d/o _________________ Resident of ____________________  The Respondent at the time of marriage not revealed this fact and kept the Petitioner blank.

 

 

5. The Petition is not being presented in collusion with the Respondent.

6. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner.

7. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner.

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

9. 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.

10. 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) for grant of decree of Divorce in her favour and against the Respondent and declare the marriage as null and void; and

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

PETITIONER

THROUGH

______________., Advocate

Place :

Date :

VERIFICATION

I, Wif, 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