PETITION FOR A DECREE OF NULLITY OF MARRIAGE

IN THE DISTRICT COURT AT………………..

……………………………………………………………… Petitioner

versus

…………………………………………………………… Respondent

Petition for a decree of nullity of marriage under Section 11 of the Hindu Marriage Act, 1955 (No. 25 of 1955).

The petitioner prays as follows: —

1. A marriage was solemnized between the parties after the commencement of the Hindu Marriage Act on……………….. at……………….. A certified extract from the Hindu Marriage Register/affidavit duly attested is filed herewith.
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

[Whether a party is a Hindu by religion or not is a part of his or her status.

3. [In this paragraph particulars and place(s) of co-habitation as husband and wife and the children from the marriage, if any, may be given. The date and place of birth and name and sex of each child and the fact whether alive or dead should also be stated].
4. The respondent has a spouse living at the time of the marriage (State full particulars).

Or

The parties are within the degrees of prohibited relationship and there is no custom or usage governing each of them which permits of a marriage between the two. (Exact relationship between the parties should be given).

Or

The parties are sapindas of each other and there is no custom or usage governing each of them which permits of a marraige between the two. (Exact relationship between the parties should be specified).

(One or more of the above grounds may be pleaded and portions which are not applicable should be scored out. Facts on which the claim to relief is founded should be stated as distinctly as the nature of the case permits. The Matrimonial offences charged should be set in separate paragraph with times and places of their alleged commission).

5. There has not been any unnecessary or improper delay in filing the petition.
6. There is no other legal ground why relief should not be granted
7. 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: —

8. The marriage was solemnized/reside/parties …………….. within the local limits of the ordinary orieinal last resided civil jurisdiction of this Court.
9. The petitioner, therefore, prays that the marriage Solemnized between the parties 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 best of the petitioner’s information and belief.

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

Place………………..

Petitioner

Petition for a Decree of Nullity of Marriage Under Section 11 of the Hindu Marriage Act, 1955

In cases where a marriage is found to be legally invalid under the Hindu Marriage Act, 1955, individuals may file a petition for a decree of nullity of marriage. Section 11 of the Act outlines the grounds under which a marriage can be declared null and void.

This provision ensures that marriages entered into under certain illegal or invalid conditions do not have legal standing.

Below is a detailed breakdown of the essential components of a petition for a decree of nullity of marriage under Section 11 of the Hindu Marriage Act.

Structure of a Petition for Nullity of Marriage

1. Introduction

The petition begins by establishing the identity of the petitioner (husband or wife) and respondent (spouse). It provides details of the marriage, including the date and place of solemnization, and refers to the certified copy of the marriage certificate as evidence.

For example:

• “The petitioner and respondent were married on 2025 at [place] under the Hindu Marriage Act, 1955. A certified copy of the marriage certificate is attached to this petition.”

2. Status and Residence of the Parties

The petition provides the status, age, and place of residence of both the husband and wife before and at the time of filing the petition. This section helps establish the jurisdiction of the court.

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. Co-habitation and Children

If applicable, this section outlines the details of the co-habitation between the parties as husband and wife, along with information about any children born from the marriage.

The names, sex, dates of birth, and current status (alive or deceased) of the children should be provided.

For example:

• “The parties have [number] children: [name], a [sex], born on 2025, and [name], a [sex], born on 2025.”

4. Grounds for Nullity of Marriage

The petitioner must specify the grounds for seeking the decree of nullity. Under Section 11 of the Hindu Marriage Act, the following are considered valid grounds:

• Bigamy: If one of the spouses was already married at the time of the marriage.
• Prohibited Relationship: If the parties are within the degrees of prohibited relationship (i.e., closely related by blood or marriage) and there is no custom or usage that permits the marriage.
• Sapinda Relationship: If the parties are sapindas (related within a certain degree) and no custom or usage allows such a marriage.

For example:

• “The respondent had a spouse living at the time of the marriage, which renders the marriage null and void under Section 11 of the Act.”
• “The parties are within the degrees of prohibited relationship, and no custom or usage exists that allows for such a marriage.”

5. Delay in Filing

The petition should affirm that there has been no unnecessary or improper delay in filing the petition.

For example:

• “There has been no unnecessary or improper delay in filing this petition, and it is being filed promptly as per the legal requirements.”

6. Absence of Legal Bar

The petitioner must confirm that there is no other legal ground that would prevent the court from granting the decree of nullity.

For example:

• “There are no other legal grounds that should prevent the relief sought in this petition from being granted.”

7. Previous Proceedings

The petitioner should disclose any previous legal proceedings regarding the marriage, or if there have been none, this should be clearly stated.

For example:

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

If previous proceedings exist, the following details should be provided:

• Case number
• Name of the parties involved
• Name and location of the court
• Outcome of the proceedings

8. Jurisdiction of the Court

The petition must establish the jurisdiction of the court by indicating the place where the marriage was solemnized or where the parties last resided together.

For example:

• “The marriage was solemnized in [location], and the parties last resided together in [location]. The court has jurisdiction to entertain this petition.”

9. Prayer for Relief

The petitioner concludes the petition by requesting the court to declare the marriage null and void, based on the grounds provided.

For example:

• “The petitioner prays that the marriage solemnized between the parties be declared null and void by a decree of nullity under Section 11 of the Hindu Marriage Act, 1955.”

Verification

At the end of the petition, the petitioner must sign a verification statement, confirming that the facts mentioned in the petition are true to the best of their knowledge and belief.

For example:

• “I, [name], the petitioner in this matter, solemnly affirm that the facts stated in paragraphs [X] to [Y] of this petition are true to the best of my knowledge and belief. Verified on this 2025 at [place].”

Conclusion

A petition for a decree of nullity of marriage under Section 11 of the Hindu Marriage Act, 1955 serves as a legal tool to declare a marriage void when it has been solemnized under invalid or illegal conditions.

Whether it’s due to bigamy, prohibited relationships, or other disqualifying factors, the petition helps ensure that the marriage has no legal standing.

If you are seeking to file a petition for the decree of nullity of marriage or need legal advice regarding your case, Legal Light Consulting is available to assist you in navigating the legal process and ensuring that your rights are protected.

Contact Legal Light Consulting for your legal needs