PETITION FOR REGISTRATION OF MARRIAGE

IN THE DISTRICT COURT AT………………..

……………………………………………………………… Petitioner

versus

…………………………………………………………… Respondent

Petition under Section 24(2) of the Special Marriage Act, 1954 (No. 43 of 1954) for having the registration of a marriage under Chapter III of the Act declared to be of no effect.

The petitioner prays as follows: —

1. The petitioner is the husband/wife of the respondent.

The marriage between the parties was registered under Chapter III of the Act by the Marriage Officer of……………….. at……………….. on……………….. and it may be deemed to be a marriage solemnized under the Act by virtue of the provisions of Section 18. A certified copy of the certificate of marriage is attached with this petition.

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

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. (State here one or more of the statutory grounds on which relief is sought. Facts on which the claim to relief is founded should be stated as distinctly as the nature of the case permits).
5. There has not been any previous proceedings with regard to the marriage by or on behalf of the parties.

OR

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

6. There has not been any unnecessary or improper delay in filing this petition.
7. The petition is not presented in collusion with the respondent.
8. There is no other legal ground why the relief should not be granted.
9. The marriage was solemnized at………………….. The parties last resided together at………………….. The Parties are now residing at………………… (within the local limits of the ordinary original jurisdiction of this Court).
10. The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition.
11. The petitioner, therefore, prays that the registration of the said marriage under Chapter III of the Act may be declared by Court to be of no effect.

Petitioner

VERIFICATION

The above named petitioner states on solemn affirmation that Paras…………….. to……………….. of the petition are true to the petitioner’s knowledge and paras ……………….. to……………….. are true to the petitioner’s information received and believed to be true by him.

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

Place………………..

Petitioner

Understanding the Petition for Restitution of Conjugal Rights Under the Special Marriage Act, 1954

In the realm of matrimonial law, the restitution of conjugal rights is a legal remedy aimed at restoring the marital relationship when one spouse has unreasonably withdrawn from the company of the other. Under Section 22 of the Special Marriage Act, 1954, a petition can be filed to compel the spouse to resume marital cohabitation.

This article outlines the key components of such a petition, its procedural aspects, and its legal significance.

1. What is Restitution of Conjugal Rights?

Restitution of conjugal rights refers to a legal decree where the court directs a spouse who has withdrawn from the other’s society without reasonable cause to return to the matrimonial home. The primary objective is to encourage reconciliation and continuation of the marital bond.

2. L:egal Components of the Petition

A petition for restitution of conjugal rights must include specific information and adhere to the procedural framework set out under the Act:

A. Marital Details

The petitioner provides details about the marriage, including:

• The date and place of marriage.
• Whether the marriage was solemnized or registered under Chapter II or Chapter III of the Special Marriage Act.
• A certified copy of the marriage certificate.

B. Status and Residence

Information regarding the status and place of residence of both parties:

• Before marriage.
• At the time of filing the petition.

This section establishes jurisdiction and context for the marital relationship.

C. Children

If the marriage has resulted in children, their details (name, sex, date of birth, or age) must be mentioned.

D. Withdrawal from Society

The petition must clearly state:

• The date when the respondent withdrew from the petitioner’s company.
• Circumstances surrounding the withdrawal.
• Proof that the withdrawal was without reasonable cause.

For instance, the petitioner may allege that the respondent left due to misunderstandings or unsubstantiated accusations.

3. Legal and Procedural Aspects

A. No Collusion

The petitioner must affirm that the petition is not filed in collusion with the respondent.

B. No Delay

The filing of the petition must not involve unnecessary or improper delay.

C. Previous Proceedings

The petition must disclose any prior legal proceedings related to the marriage, along with details such as case number, year, court, and outcome.

D. Jurisdiction

The court must have jurisdiction to entertain the petition based on:

• The place where the marriage was solemnized.
• The last place where the couple resided together.
• The current residence of the parties.

4. Relief Sought

The petitioner prays for a decree of restitution of conjugal rights, compelling the respondent to return to the matrimonial home. This legal remedy aims at reuniting the spouses and encouraging reconciliation.

5. Verification of Petition

The petition concludes with a verification by the petitioner, affirming the accuracy of the statements made in the petition.

Example:
“I, [Petitioner’s Name], verify that the statements in Paragraphs [X] to [Y] are true to my knowledge, and those in Paragraphs [Z] to [W] are based on information I believe to be true. Verified on this 2025 at [location].”

6. When Can Restitution of Conjugal Rights Be Denied?

A court may deny the relief if:

• The respondent provides a reasonable excuse for withdrawing from the petitioner’s company.
• The petitioner is found guilty of misconduct or cruelty.
• Granting the relief would otherwise violate the principles of justice or morality.

Conclusion

The remedy of restitution of conjugal rights under Section 22 of the Special Marriage Act, 1954, serves as an opportunity for spouses to reconcile and rebuild their marital relationship.

However, it requires the petitioner to present a strong case with valid grounds and evidence.

If you find yourself in such a situation and require legal guidance, consult Legal Light Consulting. Our experienced team specializes in matrimonial law and is committed to providing personalized legal solutions for your needs.