Draft of Petition for Divorce Under the Special Marriage
PETITION FOR DIVORCE
IN THE DISTRICT COURT AT………………..
……………………………………………………………… Petitioner
versus
…………………………………………………………… Respondent
Petition for divorce under Section 27 of the Special Marriage Act, 1954 (No. 43 of 1954).
The petitioner prays as follows: —
- The petitioner is the husband/wife of respondent. The marriage between the parties was solemnized/registered under Chapter II of the Act by the Marriage Officer of Chapter II……………….. at……………….. on……………….. 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
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).
- The respondent has……………….. (one or more of the grounds specified in Section 27 of the Act may be pleaded there. The facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits).
- (Where the ground of petition is adultery). The petitioner has not in any manner been accessory to or connived at or condoned the adultery.
- (Where the ground of petition is cruetly). The petitioner has not in any manner condoned the cruelty.
- The petition is not presented in collusion with the respondent.
- There has not been any unncessary or improper delay in instituting the proceedings.
- 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: —
| 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) |
- (In petition by a husband for divorce on the ground of adultery where damages are claimed against the co-respondent, grounds on which the claim to damages is founded should be fully and clearly-stated and the amount claimed and the mode of assessment should be specified).
- There is no other ground why relief should not be granted.
- The marriage was solemnized at………………….. The husband and wife reside at………………….. The husband and wife last resided together at………………… (within the local limits of the jurisdiction of this Court).
OR
(Where the petition is by a wife domiciled in the territories of India). The petitioner is resident within the territories of India has been ordinarily resident therein for a period of three years immediately preceding the presentation of this petition and the respondent is not resident in the said territories. (Give particulars according to the Rules).
- The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition.
- The petitioner, therefore, prays that he may be granted a decree of divorce against the respondent, and (to be scored out if unnecessary may further be granted a decree for recovery of Rs………………… as damages against the adulterer correspondent.
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
Where in a divorce petition wife took up a plea and also led evidence that petitioner husband was interested in getting married with another girl but fact was not proved, it would not mean that allegation was false which could amount to cruelty.4
Once ingredients of Section 13B of Hindu Marriage Act are satisfied, court has no other option except to accept the prayer for dissolution of marriage by decree of divorce.5
Cruelty cannot be judged from a solitary incident but on an overall consideration of all relevant circumstances.6
The party seeking divorce on the ground of desertion is required to show that she was not taking the advantage of his or her own wrong.7
- Hema Reddy v. Rakesh Reddy, 2002 (2) CCC 227 (A. P).
- K. S. Subrumanian v. V. Vasanthi Devi, 2002 (2) CCC 153 (Mad. ).
- G. V. N. Kameswara Rao v. G. Jabilli, AIR 2002 SC 576.
- Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591.
Petition for Divorce Under the Special Marriage Act: A Comprehensive Overview
Divorce is a legal process that provides relief to individuals whose marriages have broken down irreparably. In India, the Special Marriage Act, 1954, is a civil law that governs marriages between individuals who are not governed by any personal law.
This includes interfaith marriages, marriages between individuals from different communities, or those who opt for a civil marriage. Section 27 of the Special Marriage Act allows a petition for divorce to be filed under specific grounds such as adultery, cruelty, or desertion, among others.
Below is an overview of how a Petition for Divorce under the Special Marriage Act is structured and the process involved.
1. Introduction to the Petition
The petition begins by introducing the parties involved — the petitioner (husband or wife) and the respondent (the other spouse).
The petitioner states that the marriage was solemnized under Chapter II of the Special Marriage Act and that a certified copy of the marriage certificate is attached to the petition.
Example:
- “The petitioner is the husband/wife of the respondent. The marriage between the parties was solemnized on 2025 by the Marriage Officer of [location], and the certificate of marriage was entered in the Marriage Certificate Book on 2025.
- A certified copy of the certificate of marriage is attached with this petition.”
2. Details of the Parties and Their Residence
In this section, the personal details of both the parties are outlined. This includes their status, age, and place of residence before and at the time of filing the petition.
The applicant must also state if the parties have any children, including their names, sex, dates of birth, or ages.
Example:
- “Husband: [Status], [Age], [Place of Residence before marriage], [Place of Residence at the time of filing the petition].”
- “Wife: [Status], [Age], [Place of Residence before marriage], [Place of Residence at the time of filing the petition].”
If applicable, details of the children are also included:
- “The marriage has produced the following children:
- [Name of Child], [Sex], [Date of Birth/Age]”
3. Grounds for Divorce
The petition outlines the grounds for seeking a divorce under Section 27 of the Special Marriage Act. This could include the following reasons:
- Adultery
- Cruelty
- Desertion
- Mental disorder
- Incompatibility
Example:
- “The respondent has [state the ground for divorce, e.g., committed adultery or caused cruelty].”
- If the ground is adultery, the petitioner must affirm that they were not accessory to or condoned the adulterous act. Similarly, if the ground is cruelty, the petitioner must confirm that they did not condone it.
4. Previous Legal Proceedings
If there have been any prior legal proceedings related to the marriage, such as petitions or disputes filed, these must be disclosed. If no such proceedings exist, the petitioner must state that clearly.
Example:
- “There have been the following previous proceedings with regard to the marriage:
- [Details of any case, including the names of the parties, case number, date, court name, and result].”
5. Claim for Damages in Case of Adultery
If the divorce petition is based on adultery and the petitioner wishes to claim damages from the co-respondent (the third party involved in the adultery), this section outlines the grounds for the claim and specifies the amount sought.
Example:
- “In the event of adultery, the petitioner claims damages of Rs. [amount] against the co-respondent for [reasons].”
6. Jurisdiction of the Court
This section confirms that the court where the petition is filed has jurisdiction to entertain the case. This could be based on the place of marriage, the place where the parties last resided together, or other jurisdictional factors specified under the Special Marriage Act.
Example:
- “The marriage was solemnized at [place], and the parties last resided together at [place]. This Hon’ble Court has jurisdiction to entertain this petition.”
If the petition is being filed by a wife domiciled in India (except Jammu and Kashmir), this section must mention that she has been a resident of India for the past three years.
7. Request for Divorce Decree
The petition concludes by requesting the court to grant a decree of divorce. In some cases, the petitioner may also request the court to grant a decree for recovery of damages (in cases of adultery).
Example:
- “The petitioner prays that this Hon’ble Court may be pleased to grant a decree of divorce against the respondent and further, if applicable, to grant damages of Rs. [amount] as compensation for the adultery committed.”
8. Verification
At the end of the petition, the applicant must provide a verification affirming that the details provided in the petition are true to the best of their knowledge. This is an essential step in ensuring the authenticity of the petition.
Example:
- “I, [Name of Petitioner], hereby solemnly affirm that the statements in Paragraphs [X] to [Y] of this petition are true to my knowledge, and I believe the statements in Paragraphs [Z] to [W] to be true. Verified on this 2025.”
Conclusion
Filing a divorce petition under the Special Marriage Act involves detailing personal information, grounds for divorce, any previous legal proceedings, and the need for a decree of divorce.
It is essential to ensure that all necessary documentation, such as the marriage certificate, is attached and that the petition is presented in accordance with the legal requirements.
Legal Light Consulting is equipped to guide individuals through the divorce process, offering expert legal assistance to ensure that petitions are properly filed and that clients’ rights are protected throughout the procedure.
For professional legal assistance in your divorce case, contact Legal Light Consulting today.
