Draft a Petition for Registration of Marriage
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: —
- 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.
- 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
- (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages).
- (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).
- 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: —
| Serial No. | Name of Parties | Name of Proceedings with section of the Act | Number and date and year of the case | Name and location of the court | Result
|
| (i) | |||||
| (ii) | |||||
| (iii) | |||||
| (iv) |
- There has not been any unnecessary or improper delay in filing this petition.
- The petition is not presented in collusion with the respondent.
- There is no other legal ground why the relief should not be granted.
- 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).
- The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition.
- 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 abbvenamed 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 Declaration of Marriage Registration as Ineffective Under the Special Marriage Act, 1954
The Special Marriage Act, 1954 provides a comprehensive framework for the registration of marriages between individuals of any religion or nationality.
However, there may arise circumstances where a party to the marriage seeks to declare the registration of the marriage under Chapter III of the Act to be of no effect. This process is governed by Section 24(2) of the Act.
Here’s an in-depth look at the petition structure and grounds for seeking such a declaration:
1. Introduction to the Petition
The Petition for Declaration of Marriage Registration as Ineffective is initiated when one party (the petitioner) seeks to have the registration of a marriage declared void or ineffective under the Special Marriage Act.
Key information provided in the petition includes:
- Details of the marriage: Date and location of registration under Chapter III of the Act.
- Proof of registration: A certified copy of the marriage certificate must be attached.
Example:
- “The marriage between the petitioner and respondent was registered on 2025 by the Marriage Officer of [location], and it may be deemed a marriage solemnized under Section 18 of the Act. A certified copy of the marriage certificate is attached.”
2. Status and Residence of Parties
The petition details the status and place of residence of both parties before the marriage and at the time of filing the petition. This information establishes the personal jurisdiction and standing of the parties in the matter.
Example:
- “Husband:
Status: [Hindu/Christian/Muslim/Other],
Age: [X years],
Place of Residence: [Location before marriage and at the time of filing].
Wife:
Status: [Hindu/Christian/Muslim/Other],
Age: [X years],
Place of Residence: [Location before marriage and at the time of filing].”
3. Information About Children
If the marriage resulted in children, the petitioner must provide:
- Names, sex, and dates of birth of the children.
- The current status of the children (alive or deceased).
Example:
- “The marriage resulted in the following children:
- [Name of Child], [Sex], [Date of Birth].”
4. Grounds for Declaration
The petitioner must state the statutory grounds on which the registration of the marriage should be declared ineffective. Grounds could include:
- Fraud or misrepresentation during the registration process.
- Non-fulfillment of conditions required under Chapter III of the Act.
- Other violations of statutory provisions under the Act.
Detailed facts supporting the claim should be distinctly laid out.
Example:
- “The petitioner discovered that the respondent had concealed material facts regarding their marital status, which invalidates the registration under the Act.”
5. Previous Proceedings
The petition must disclose whether there have been any prior legal proceedings related to the marriage. If yes, details such as the case number, year, court, and outcome must be included.
Example:
- “There have been no previous proceedings with regard to the marriage by or on behalf of the parties.”
6. Timeliness and Collusion
The petitioner must affirm:
- No unnecessary delay in filing the petition.
- The petition is not presented in collusion with the respondent.
Example:
- “There has been no unnecessary or improper delay in filing this petition, and the petition is not presented in collusion with the respondent.”
7. Jurisdiction of the Court
The petition must establish that the court has the jurisdiction to entertain the matter. Jurisdiction is typically based on:
- The place where the marriage was registered.
- The last place of residence of the parties.
- The current residence of the petitioner.
Example:
- “The marriage was registered at [location]. The parties last resided together at [location]. This Hon’ble Court has jurisdiction to entertain this petition.”
8. Relief Sought
The petitioner requests the court to declare the registration of the marriage under Chapter III of the Act to be of no effect.
Example:
- “The petitioner prays that the registration of the said marriage under Chapter III of the Special Marriage Act, 1954, may be declared by the Court to be of no effect.”
9. Verification
The petition concludes with a verification by the petitioner, affirming the truthfulness of the statements made in the petition. This ensures the legal validity of the filing.
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].”
Conclusion
Declaring a marriage registration as ineffective under Section 24(2) of the Special Marriage Act, 1954, is a serious legal step.
It requires thorough documentation and valid grounds for the claim. If you find yourself in a situation where you need to challenge the validity of your marriage registration, consulting an experienced legal professional is crucial.
Legal Light Consulting specializes in family law matters and can guide you through every step of the process. Contact us today for expert advice and assistance tailored to your legal needs.
