Petition for Decree of Nullity of Marriage under Section 11 of the Hindu Marriage Act, 1955
This page explains when a Hindu marriage is void under Section 11 of the Hindu Marriage Act, 1955 and provides an updated specimen petition for seeking a decree declaring the marriage null and void.
What is a Void Marriage under Section 11?
Section 11 of the Hindu Marriage Act, 1955 provides for a decree of nullity where a marriage solemnised after commencement of the Act contravenes any of the conditions specified in clauses (i), (iv) or (v) of Section 5.
A petition may be presented by either party to the marriage against the other party seeking a judicial declaration that the marriage is null and void.
Grounds for Nullity under Section 11
Where the Respondent Already Had a Living Spouse
Where the petition is based on Section 5(i), the pleading should clearly state the material facts showing that the respondent's earlier marriage was legally subsisting on the date of the marriage between the petitioner and respondent.
Relevant evidence may include the earlier marriage certificate, public records, photographs or other proof of solemnisation, court records concerning the earlier marriage, and documents showing that the earlier marriage had not already been dissolved or declared void.
Depending on when the alleged conduct occurred and the applicable criminal law, marrying again during the lifetime of a husband or wife may also have criminal consequences. For offences occurring under the current criminal-law regime, Section 82 of the Bharatiya Nyaya Sanhita, 2023 is relevant.
Which Court Has Jurisdiction?
Territorial jurisdiction for a petition under the Hindu Marriage Act is governed principally by Section 19. Subject to the Act and the establishment of Family Courts in the concerned area, a petition may be filed in the competent District Court or Family Court having jurisdiction.
Section 19 includes jurisdiction based on, among other things:
- the place where the marriage was solemnised;
- the place where the respondent resides when the petition is presented;
- the place where the parties last resided together;
- where the wife is the petitioner, the place where she resides on the date of presentation of the petition; and
- certain cases where the respondent is outside the territories covered by the Act or has not been heard of as alive for seven years or more.
The exact court designation varies by State and district. Where a Family Court has been established for the area, matrimonial proceedings such as a decree of nullity ordinarily fall within its jurisdiction.
Children of a Void Marriage
Section 16 of the Hindu Marriage Act contains specific provisions concerning the legitimacy of children of void and voidable marriages. Accordingly, a Section 11 petition should not describe a child as illegitimate merely because a declaration of nullity is sought.
Contents and Verification of the Petition
Section 20 requires a matrimonial petition to state distinctly, so far as the nature of the case permits, the facts on which relief is founded. The statements in the petition must also be verified in the manner required by law.
Section 20 contains an express exception concerning the statutory no-collusion statement in a petition under Section 11. Accordingly, the specimen below focuses on the material facts necessary to establish the alleged Section 11 ground.
Applicable High Court or Family Court rules may require additional particulars, affidavits, filing forms, certificates, court fees or supporting documents. The format should therefore be adapted to the rules of the court where it is actually filed.
Updated Petition Format under Section 11 of Hindu Marriage Act
MATRIMONIAL PETITION NO. _____ OF 20____
IN THE MATTER OF:
Age: _____ years
Son/Daughter of: __________________________
Resident of: ______________________________
VERSUS
Age: _____ years
Son/Daughter of: __________________________
Resident of: ______________________________
MOST RESPECTFULLY SHOWETH:
- That the Petitioner and the Respondent are Hindus and are governed by the provisions of the Hindu Marriage Act, 1955.
- That the marriage between the Petitioner and the Respondent was solemnised on [date] at [place] according to Hindu rites and ceremonies/customs applicable to the parties.
- That, if applicable, the marriage was registered before the Registrar of Marriages at [place] on [date]. A copy/certified copy of the marriage certificate or relevant extract is annexed as Annexure P-1.
-
That the addresses and relevant places of residence of the
parties are as follows:
(a) Petitioner's address: ___________________________________________
(b) Respondent's address: ___________________________________________
(c) Place where the parties last resided together: ___________________________________________ - That out of the said relationship/marriage, [state whether there are children and give names, dates of birth and present custody, if relevant].
- That the Petitioner has subsequently learnt/discovered that at the time of solemnisation of the marriage between the Petitioner and Respondent, the Respondent already had a legally wedded spouse, namely [name of earlier spouse], and the said earlier marriage was subsisting on the date of the marriage between the Petitioner and Respondent.
- That the Respondent's earlier marriage with [name] was solemnised on [date] at [place]. The relevant supporting documents are annexed as Annexure P-2 collectively.
- That no decree dissolving or otherwise terminating the said earlier marriage had been passed before the marriage of the Petitioner and Respondent on [date], and consequently the Respondent had a spouse living on the date of the subsequent marriage.
- That the marriage between the Petitioner and Respondent is therefore in contravention of Section 5(i) of the Hindu Marriage Act, 1955 and is null and void within the meaning of Section 11 of the Act.
- That the cause of action for filing the present petition arose on [relevant date] when [briefly state discovery/material event] and continues to subsist.
- That this Hon'ble Court has territorial jurisdiction under Section 19 of the Hindu Marriage Act, 1955 because [choose and plead the applicable jurisdictional fact: the marriage was solemnised here / the respondent resides here / the parties last resided together here / the wife-petitioner presently resides here / other applicable statutory ground].
- That [no previous matrimonial proceedings between the parties concerning this marriage have been filed / give complete particulars of all previous or pending proceedings].
- That there is no legal impediment to grant of the relief claimed in the present petition.
PRAYER
In view of the facts and circumstances stated above, the Petitioner respectfully prays that this Hon'ble Court may be pleased to:
(a) pass a decree under Section 11 of the Hindu Marriage Act, 1955 declaring the marriage solemnised between the Petitioner and Respondent on [date] at [place] to be null and void;
(b) grant costs of the proceedings, where appropriate; and
(c) pass such other or further order(s) as this Hon'ble Court may deem just and proper in the facts and circumstances of the case.
THROUGH COUNSEL
__________________________
Advocate
Place: __________________
Date: ___________________
I, [name of Petitioner], the Petitioner above named, do hereby verify that the contents of paragraphs [numbers] are true and correct to my personal knowledge, the contents of paragraphs [numbers] are based upon records/information received and believed by me to be true, and the legal submissions are based upon advice received and believed to be correct. Nothing material has been concealed therefrom.
Verified at [place] on this _____ day of __________, 20____.
Documents Commonly Required
The exact requirements depend on the State, High Court rules and Family Court practice. Depending on the facts, documents commonly relied upon may include:
- marriage certificate or proof of the marriage between the parties;
- proof of the date and place of solemnisation;
- identity and address documents required by local filing rules;
- evidence relating to the respondent's earlier marriage, where Section 5(i) is invoked;
- proof that the earlier spouse was living and the earlier marriage subsisted on the relevant date;
- documents establishing prohibited or sapinda relationship where Section 5(iv) or 5(v) is invoked;
- documents concerning any pleaded custom or usage permitting the relationship, where relevant;
- particulars and copies of previous matrimonial proceedings, if any; and
- affidavit, vakalatnama, court-fee documents and filing forms required by the applicable court rules.
Section 11 and Section 12: Important Difference
A petition under Section 11 should not be confused with a petition seeking annulment of a voidable marriage under Section 12.
Section 11 is directed to marriages contravening Section 5(i), 5(iv) or 5(v). Section 12 separately covers specified grounds for annulment of a voidable marriage, including contravention of the condition contained in Section 5(ii), subject to the statutory requirements applicable to Section 12.