PETITION FOR THE ANNULMENT OF A MARRIAGE

IN THE DISTRICT COURT AT………………..

……………………………………………………………… Petitioner

versus

…………………………………………………………… Respondent

Petition for the annulment of a marriage under Section 25 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/Chapter 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 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 any party.

There have been the following previous proceedings with regard to the marriage by or on behalf of any party

6. There is no other legal ground why the relief should not be granted.
7. The marriage was solemnized at………………….. The parties last reside at ………………….. The Parties last resided together at……………………

OR

(Where the petition is by a wife domiclied 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 proceeding the presentation of this petition and the respondent is not resident in the said territoriies.

10. The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition.
11. The petitioner, therefore, prays that the marriage between the parties being voidable, may be annulled 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

Understanding the Petition for Annulment of Marriage Under Section 25 of the Special Marriage Act, 1954

Marriage is a legally and socially recognized union, but in certain circumstances, a marriage may be declared voidable and annulled.

The Special Marriage Act, 1954, under Section 25, provides provisions for a spouse to seek the annulment of their marriage by filing a petition in the appropriate court. This article explains the essentials of such a petition, its structure, and the grounds for annulment.

What is a Petition for Annulment of Marriage?

A petition for annulment seeks to legally declare a voidable marriage as null and void. This differs from a divorce, as an annulment implies that the marriage was never valid from its inception due to specific legal defects.

Legal Point of the Petition

A well-drafted petition for annulment must include the following details:

1. Marriage Details

The petitioner must state their relationship with the respondent and provide details about the marriage, such as:

• Date of solemnization or registration.
• Place of marriage.
• A certified copy of the marriage certificate as proof.

Example:
“The petitioner is the husband/wife of the respondent. The marriage was solemnized/registered under Chapter II/Chapter III of the Act by the Marriage Officer at [place] on 2025.”

2. Status and Residence of the Parties

The petition should outline the marital status, age, and residence of both parties before and after the marriage.

Example:
“Before marriage, the petitioner resided at [address], and the respondent at [address]. At the time of filing this petition, the petitioner resides at [address], and the respondent at [address].”

3. Information on Children (if any)

Details of children born from the marriage, including their names, gender, date of birth, or age, must be mentioned.

4. Grounds for Annulment

The petitioner must provide statutory grounds for seeking annulment. Grounds under Section 25 of the Special Marriage Act include:

• Fraud or misrepresentation during marriage.
• Impotence or inability to consummate the marriage.
• Unsoundness of mind or mental incapacity at the time of marriage.
• Coercion, force, or undue influence.

The petitioner must also provide detailed facts to support these grounds.

Example:
“The respondent concealed material facts about [state specific facts] that, had the petitioner been aware, would have prevented the marriage from occurring.”

5. Lack of Previous Proceedings

The petition should declare that no prior legal proceedings regarding the marriage have been initiated. If such proceedings exist, their details must be disclosed.

Example:
“There have not been any previous proceedings regarding the marriage by or on behalf of the petitioner or respondent.”

6. Jurisdiction and Residency

The petition must assert that the court has jurisdiction to hear the matter. For instance:

• The marriage was solemnized within the court’s jurisdiction.
• The parties last resided together within the jurisdiction.
• The petitioner has been a resident within India (except Jammu and Kashmir) for three years preceding the petition.

Relief Sought

The petitioner prays for the court to annul the marriage, declaring it voidable under the law.

Example:
“The petitioner prays that the marriage between the parties, being voidable, may be annulled by a decree of nullity.”

Verification

The petition concludes with a verification clause, where the petitioner affirms the truthfulness of the statements made.

Example:
“I, [name], hereby solemnly affirm that the statements in paragraphs [X] to [Y] are true to my knowledge, and those in paragraphs [Z] to [AA] are true based on information believed to be true. Verified on 2025 at [location].”

When Can a Marriage Be Annulled?

Annulment is permissible under specific conditions, including:

1. Concealment of Material Facts: Misrepresentation or fraud regarding significant aspects like religion, age, or prior marital status.
2. Impotence or Inability to Consummate Marriage: Physical incapacity or refusal to consummate the marriage.
3. Unsound Mind or Mental Incapacity: One spouse was mentally incapable of understanding the marriage.
4. Coercion or Force: The marriage was performed under undue pressure or without free consent.

Legal Guidance for Annulment

Filing a petition for annulment requires a nuanced understanding of the legal process and meticulous attention to details.

Legal Light Consulting specializes in matrimonial law, offering expert legal advice and representation for complex cases like annulments. If you are considering filing an annulment petition or need guidance on marital disputes, our team is here to help.

Empower your legal rights and achieve clarity with our dedicated services. Contact Legal Light Consulting for professional assistance today.