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

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:(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 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 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 a marriage 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 paragraphs 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 original 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 paragraphs……………….. 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

For expert legal assistance, contact Legal Light Consulting – LLC. Their experienced team can provide comprehensive legal solutions tailored to your needs.

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

This article focuses on a specific type of legal petition: a Petition for Decree of Nullity of Marriage under Section 11 of the Hindu Marriage Act, 1955.

This petition is filed by a spouse seeking a court declaration that their marriage is void from the beginning due to certain legal impediments.

Legal Point of the Petition:

• Establishing the Marriage: The petition begins by establishing the validity of the marriage, including the date, place, and manner of solemnization.
• Details of the Parties: It provides details about the parties, including their names, addresses, ages, and statuses (occupation, religion, etc.).
• Grounds for Nullity: The petition must specifically state the grounds for seeking a decree of nullity. Section 11 of the Hindu Marriage Act outlines several grounds for nullity, such as:
  • Prior Marriage: Either party was already married at the time of the marriage.
  • Within Prohibited Degrees of Relationship: The marriage is between persons within prohibited degrees of relationship (e.g., sapindas).
  • Unsoundness of Mind: One party was of unsound mind at the time of marriage and continues to be so.
• No Collusion or Connivance: The petition must affirm that there is no collusion or connivance between the parties to obtain a decree of nullity.
• Lack of Previous Proceedings: The petition must disclose any previous legal proceedings related to the marriage.
• Jurisdiction: The petition must establish the jurisdiction of the court to hear and determine the matter.
• Prayer for Relief: The petition concludes with a prayer for the court to declare the marriage null and void.

Importance of Legal Counsel:

It is crucial to consult with legal professionals, such as those at Legal Light Consulting, when filing a petition for nullity of marriage. Experienced attorneys can:

• Ensure Legal Compliance: Ensure that the petition complies with all legal requirements and procedures.
• Gather Evidence: Assist in gathering evidence to support the grounds for nullity.
• Represent Your Interests: Advocate for your best interests and ensure that your rights are protected throughout the legal proceedings.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Contact Legal Light Consulting:

For personalized legal advice and assistance with matrimonial matters, including petitions for nullity of marriage, please contact Legal Light Consulting.

Our experienced team can provide expert guidance and ensure that your legal needs are met effectively.

Remember: The specific requirements and procedures for filing a petition for nullity of marriage may vary depending on the applicable laws and the specific circumstances of the case.

It is essential to consult with legal professionals for personalized guidance and assistance