Petition for Annulment of Marriage Under Section 25 of the Special Marriage Act, 1954

IN THE DISTRICT COURT AT………………..

……………………………………………………………… Petitioner

versus

…………………………………………………………… Respondent

Petition for the annulment of a marriage under Section 25 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/Chapter 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 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 any party.OR

   There have been the following previous proceedings with regard to the marriage by or on behalf of any party:

6. There is no other legal ground why the relief should not be granted.
7. The marriage was solemnized at………………….. The parties last resided at ………………….. The parties last resided together at……………………OR

   (Where the petition is by a wife domiciled in the territories of India) 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 this petition and the respondent is not resident in the said territories.

8. The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition.
9. The petitioner, therefore, prays that the marriage between the parties, being voidable, may be annulled 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 the Annulment of a Marriage

This article focuses on a specific type of legal petition: a Petition for Annulment of Marriage under Section 25 of the Special Marriage Act, 1954. This Act allows for the annulment of a marriage under certain circumstances where the marriage is considered voidable.

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 Annulment: This is the core of the petition. It must specifically state the grounds for seeking annulment, as outlined in Section 25 of the Special Marriage Act. These grounds may include:
  • Lack of Consent: One party was incapable of giving valid consent to the marriage due to unsoundness of mind, coercion, or fraud.
  • Impotence: One party is incapable of consummating the marriage due to impotency.
  • Pregnant by Another Man: At the time of marriage, the wife was pregnant by another man.
  • 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 an annulment.
• 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 annul the marriage.

Importance of Legal Counsel:

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

Note: This article provides a general overview of the legal procedure based on the provided content.

Disclaimer: This information is for general knowledge and informational purposes only and does not constitute legal advice.

Disclaimer: This information is for general knowledge and informational purposes only and does not constitute legal advice.

The information provided should not be relied upon as legal advice, and you should consult with a qualified legal professional for any legal issues or concerns you may have.