Petition for Declaration of Marriage Registration Under the Special Marriage Act, 1954, to be of No Effect

IN THE DISTRICT COURT AT………………..

……………………………………………………………… Petitioner

versus

…………………………………………………………… Respondent

Petition under Section 24(2) of the Special Marriage Act, 1954 (No. 43 of 1954) for having the registration of a marriage under Chapter III of the Act declared to be of no effect.

The petitioner prays as follows:

1. The petitioner is the husband/wife of the respondent. The marriage between the parties was registered under Chapter III of the Act by the Marriage Officer of……………….. at……………….. on……………….. and it may be deemed to be a marriage solemnized under the Act by virtue of the provisions of Section 18. 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 statutory grounds on which relief is sought. Facts on which the claim to relief is founded should be stated as distinctly as the nature of the case permits).
5. There has not been any previous proceedings with regard to the marriage by or on behalf of the parties.OR

   There 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 last resided together at………………….. The Parties are now residing at………………… (within the local limits of the ordinary original jurisdiction of this Court).
10. The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition.
11. The petitioner, therefore, prays that the registration of the said marriage under Chapter III of the Act may be declared by the Court to be of no effect.

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

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

Petition for Registration of Marriage

This article focuses on a specific type of legal petition: a Petition under Section 24(2) of the Special Marriage Act, 1954, seeking a declaration that a marriage registered under Chapter III of the Act is of no effect.

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 registration under Chapter III of the Special Marriage Act.
• Details of the Parties: It provides details about the parties, including their names, addresses, ages, and statuses (occupation, religion, etc.).
• Grounds for Seeking Declaration of Nullity: The petition must specifically state the grounds for seeking a declaration that the marriage registration is of no effect. These grounds may vary depending on the specific circumstances, but generally include situations where the marriage itself is void or voidable under the provisions of the Act.
• No Collusion or Connivance: The petition must affirm that there is no collusion or connivance between the parties to obtain the desired declaration.
• 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 registration of the marriage under Chapter III of the Act to be of no effect.

Importance of Legal Counsel:

It is crucial to consult with legal professionals, such as those at Legal Light Consulting, when filing this type of petition. 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 seeking the declaration.
• 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 related to the Special Marriage Act, 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 this type of petition 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.