Petition for Divorce Under Section 27 of the Special Marriage Act

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:

1. The petitioner is the husband/wife of the respondent. The marriage between the parties was solemnized/registered under Chapter II 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. The respondent has……………….. (one or more of the grounds specified in Section 27 of the Act may be pleaded here. 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).
5. (Where the ground of petition is adultery). The petitioner has not in any manner been accessory to or connived at or condoned the adultery.
6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelty.
7. The petition is not presented in collusion with the respondent.
8. There has not been any unnecessary or improper delay in instituting the proceedings.
9. 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:

10. (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).
11. There is no other ground why relief should not be granted.
12. 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).

13. The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition.
14. The petitioner, therefore, prays that he/she 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 co-respondent.

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/her.

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

Place………………..

Petitioner

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Petition for Divorce Under Section 27 of the Special Marriage Act, 1954

This article focuses on a specific type of legal petition: a Petition for Divorce under Section 27 of the Special Marriage Act, 1954. This Act provides grounds for divorce for couples married under the Special Marriage Act.

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 Divorce: This is the core of the petition. It must specifically state the grounds for seeking a divorce, as outlined in Section 27 of the Special Marriage Act. These grounds may include:
  • Adultery: The other spouse has committed adultery.
  • Cruelty: The other spouse has been guilty of cruelty.
  • Desertion: The other spouse has deserted the petitioner for a continuous period of two years or more.
  • Conversion: The other spouse has converted to another religion.
  • Insanity: The other spouse has been incurably of unsound mind for a continuous period of not less than three years.
  • Leprosy: The other spouse has been suffering from leprosy for a continuous period of not less than three years.
  • Venereal Disease: The other spouse has been suffering from venereal disease in a communicable form for a continuous period of not less than three years.
  • Renunciation of the World: The other spouse has renounced the world by entering any religious order.
  • Non-Resumption of Cohabitation: Where a decree of judicial separation has been in operation for a period of one year or upwards.
• No Collusion or Connivance: The petition must affirm that there is no collusion or connivance between the parties to obtain a divorce.
• Lack of Condonation: If the ground for divorce is cruelty or adultery, the petition must assert that the petitioner has not condoned the acts complained of.
• 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 grant a decree of divorce and, if applicable, a decree for recovery of damages from the co-respondent.

Importance of Legal Counsel:

It is crucial to consult with legal professionals, such as those at Legal Light Consulting, when filing a petition for divorce. 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 divorce.
• 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 divorce, 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 divorce 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