Petition for Decree of Nullity of Marriage

IN THE DISTRICT COURT AT……………….

……………………. Petitioner

versus

…………………………… Respondent

Petition for decree of nullity of marriage under Section 24(1) 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/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:(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 grounds on which a decree of nullity is sought. Facts on which the claim to relief is founded should be stated in compliance with the Rules and as distinctly 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.ORThere have been the following previous proceedings with regard to the marriage by or on behalf of the parties:
6. There has not been any unnecessary or improper delay in filing this petition.
7. The petition is not presented in collusion with the respondent.
8. There is no other legal ground why the relief should not be granted.
9. The marriage was solemnized at………………….. The parties reside ………………….. Parties last resided together at…………………
   • Or The petitioner is resident within the territories of India and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the respondent is not resident in the said territories.
10. The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition.
11. The petitioner, therefore, prays that the marriage solemnized under the Act 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 petitioner’s knowledge and paragraphs ……………….. 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

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Petition for Decree of Nullity of Marriage Under Section 24(1) of the Special Marriage Act, 1954

This article focuses on a specific type of legal petition: a Petition for Decree of Nullity of Marriage under Section 24(1) of the Special Marriage Act, 1954. This petition is filed by a spouse seeking a court declaration that their marriage is void from the beginning.

Key Elements 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 24(1) of the Special Marriage Act outlines various grounds for nullity, such as:
  • Lack of Consent: Marriage not consummated owing to the impotency of either party.
  • Unsoundness of Mind: One party was of unsound mind at the time of marriage and continues to be so.
  • 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.
• 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