PETITION FOR DECREE OF NULLITY OF MARRIAGE

IN THE DISTRICT COURT AT………………..

……………………………………………………………… Petitioner

versus

…………………………………………………………… Respondent

Petition for decree of nullity of marriage under Section 24(1) of the Special Marriage Act, 1954 (No. 43 of 1954).

The petitioner prays as follows: —

1. The petitioner is the husband/wife of the respondent. The marriage between the parties was solemnized/registered under Chapter II/III of the Act by the Marriage Officer of……………….. at……………….. on……………….. 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 grounds on which a decree of nullity is sought. Facts on which the claim to relief is founded should be stated in compliance with the Rules and as distinctly the nature of the case permits).
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: —

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 reside ………………….. Parties last resided together at…………………

Or

Where the petition is by a wife domiciled in the territories of India. The petitioner is resident within the territories of India and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the respondent is not resident in the said territories.

10: The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition.

11. The petitioner, therefore, prays that the marriage solemnized between the Act being null and void may be so declared by the Court by a decree of nullity.

Petitioner

VERIFICATION

The abovenamed 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

Petition for Decree of Nullity of Marriage Under Section 24(1) of the Special Marriage Act, 1954

In situations where a marriage is legally flawed or invalid, individuals may seek a decree of nullity to annul the marriage.

Under the Special Marriage Act, 1954, Section 24(1) provides a legal remedy to declare a marriage null and void if certain conditions are met.

A petition for the decree of nullity of marriage is filed in cases where the marriage is considered voidable or void under the provisions of the Act.

Below, we outline the essential aspects of such a petition and the grounds on which one may seek a decree of nullity.

Structure of a Petition for Nullity of Marriage

1. Introduction

The petition begins by establishing the identities of the petitioner (husband or wife) and the respondent (spouse), followed by details of the marriage that is being contested. The marriage could have been solemnized or registered under the Special Marriage Act.

For example:

• “The petitioner is the husband/wife of the respondent. The marriage between the parties was solemnized under Chapter II of the Act by the Marriage Officer of [location] at [location] on 2025. A certified copy of the marriage certificate is attached.”

2. Status and Residence of the Parties

The petition provides details about the status and place of residence of the parties, both before and at the time of filing the petition. This establishes the jurisdiction and residency requirements for the case.

For example:

• Husband: Age – [age], Status – [e.g., employed], Place of Residence – [address].
• Wife: Age – [age], Status – [e.g., homemaker], Place of Residence – [address].

3. Children from the Marriage

If the marriage has produced children, the petitioner must mention the names, sex, dates of birth, or current ages of the children. This is important for any further legal proceedings related to custody or maintenance.

For example:

• “The marriage has produced [number] children: [name of child], a [sex] aged [age], born on 2025.”

4. Grounds for Nullity of Marriage

This is the most crucial section of the petition, where the petitioner must state the grounds for seeking the decree of nullity. These grounds may include:

• Bigamy: If one of the spouses was already married at the time of the marriage.
• Fraud or Force: If the marriage was solemnized under fraudulent circumstances or under duress.
• Impotence or Inability to Consummate: If either party is unable to consummate the marriage.
• Lack of Consent: If consent was obtained through coercion, force, or misrepresentation.

The petitioner must present the facts clearly to justify the annulment.

For example:

• “The petitioner seeks the decree of nullity on the grounds that the respondent was already married at the time of the marriage, rendering the marriage void under Section 24(1) of the Special Marriage Act.”

5. Previous Proceedings

The petitioner must disclose any prior legal proceedings relating to the marriage. If there are no previous proceedings, this should be clearly stated.

If there are prior proceedings, details should be provided, including the case number, court name, and result.

For example:

• “There have been no previous proceedings with regard to the marriage by or on behalf of any party.”

6. Delay in Filing

The petition should affirm that there has been no unnecessary or improper delay in filing the petition, ensuring that the case is being brought in a timely manner.

For example:

• “There has been no undue delay in filing this petition, and the petitioner is seeking relief within the permissible time frame under the Act.”

7. Collusion and Legal Grounds

The petitioner must declare that the petition is not presented in collusion with the respondent and that no legal grounds exist for rejecting the petition.

For example:

• “The petition is not presented in collusion with the respondent, and there is no other legal ground for the relief sought to be denied.”

8. Jurisdiction

The petitioner must provide details to establish that the court has jurisdiction to entertain the petition. This includes the residence of the petitioner and respondent, ensuring that the petition is filed in the appropriate court.

For example:

• “The petitioner is resident within the territories of India, except the State of Jammu and Kashmir, and has been ordinarily residing here for a period of three years preceding the filing of the petition.”

9. Prayer for Relief

In the final section, the petitioner formally requests the court to declare the marriage null and void based on the grounds presented.

For example:

• “The petitioner prays that the marriage solemnized between the parties under the Special Marriage Act be declared null and void by a decree of nullity.”

Verification

The petition ends with a verification by the petitioner, confirming the truthfulness of the statements made. The verification is a solemn affirmation that the facts are true to the best of the petitioner’s knowledge and belief.

For example:

• “The petitioner affirms that the statements in paragraphs [X] to [Y] of this petition are true to the petitioner’s knowledge and belief. Verified on this 2025 at [location].”

Grounds for Seeking Nullity of Marriage Under the Special Marriage Act

Section 24(1) of the Special Marriage Act, 1954 provides several grounds on which a marriage can be declared null and void:

• Bigamy: If either party was already married at the time of the marriage.
• Fraud: If the marriage was solemnized under fraudulent conditions, such as hiding the existence of a previous spouse.
• Non-consummation: If either party is incapable of consummating the marriage.
• Mental Disorder or Impotence: If one of the parties is mentally unfit or incapable of fulfilling marital obligations.
• Underage Marriage: If either party was under the legal age of marriage.

Conclusion

A petition for the decree of nullity of marriage is a vital legal remedy for individuals seeking to annul a marriage that is either voidable or void due to specific legal reasons.

This petition can be filed under Section 24(1) of the Special Marriage Act, 1954, and should be backed by clear evidence of the grounds on which the annulment is sought.

For anyone in need of guidance or legal assistance regarding the annulment of marriage, Legal Light Consulting offers expert advice and representation to ensure that your legal rights are upheld.

Contact Legal Light Consulting for your legal needs.