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Petition For Decree of Nullity of Marriage

AB has filed a petition for nullity of marriage against CD under Section 11 of the Hindu Marriage Act 1955. AB and CD were married under Hindu rites and customs, however the marriage is void as CD was already married to another woman and failed to disclose this at the time of marriage to AB. AB lived and cohabited with CD until recently without having any children. AB is requesting that the court declare the marriage to CD null and void, and order CD to pay monthly maintenance to AB until she remarries. AB affirms under oath that the statements in the petition are true to her knowledge and belief.

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1K views2 pages

Petition For Decree of Nullity of Marriage

AB has filed a petition for nullity of marriage against CD under Section 11 of the Hindu Marriage Act 1955. AB and CD were married under Hindu rites and customs, however the marriage is void as CD was already married to another woman and failed to disclose this at the time of marriage to AB. AB lived and cohabited with CD until recently without having any children. AB is requesting that the court declare the marriage to CD null and void, and order CD to pay monthly maintenance to AB until she remarries. AB affirms under oath that the statements in the petition are true to her knowledge and belief.

Uploaded by

Manoj joshi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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PETITION FOR DECREE OF NULLITY OF MARRIAGE

(Title as in the previous precedents)

In the matter of nullity of marriage under s. 11 of the Hindu Marriage Act 1955.

AB ..................... Petitioner

(Full name and address)

versus

CD ..................... Respondent

(Full name and address)

The humble petition of AB

RESPECTFULLY SHOWETH:

1. That at all material times the parties to the petition were and are Hindu ruled by the
Hindu Marriage Act 1955 (Act 25 of 1955).

2. That a pretended marriage was however on the ............ day of......... celebrated at .........
between the applicant then a unmarried women aged ............with the respondent then
known as......... aged......... declared as a bachelor under the purported Hindu rites and
customs (an extract from the Marriage Register or an affidavit duly attested to be filed).

3. That the purported marriage was cheating practised by the respondent upon the
petitioner and is void ab initio inasmuch as the respondent had already a married wife
named ......... then and this fact was suppressed from the petition and she is still now alive.

4. That since the said marriage with CD, the applicant lived and cohabited with CD at etc.,
without having any issue of such purported marriage until the ......... day of............

Or That the applicant and the said CD are within the restricted degrees of relationship, the
applicant being the first cousin sister of the said CD.

Or

That the said CD was impotent at the time of such marriage and remained as such until
institution of present proceeding (if this ground is alleged then omit the words "and
cohabited" in para 4).

5. That the applicant bear right to get the sum of Rs............. monthly from the said CD for
her maintenance and support until she is married.
6. That there is no collusion between the applicant and the said CD in making this
application.

7. That there were no prior proceedings relating the marriage in question by or on behalf of
any party.

8. That this court has jurisdiction to entertain this application as the marriage was
celebrated within the jurisdiction or the parties reside and live or last resided and lived
within the jurisdiction.

The applicant therefore prays that the court may be pleased to declare that the said
marriage between the applicant and CD is nullity and the said CD be ordered to pay to the
applicant for her support and maintenance a sum of Rs. ............ monthly or such other
monthly sum as the court thinks fit as long as the applicant remains unmarried.

Verification

I, AB, daughter of XY and wife of CD aged about ............ years by occupation service
residing at............ do hereby solemnly affirm and say as follows:

I am the petitioner above-named and I know and I have made myself acquainted with the
facts and circumstances of this case.

The statements in paragraphs 1 to 8 are true to my knowledge and belief.

I sign this verification on this ............ day of............... at the Court House at...............

Signature of AB

Signature of Advocate

Before me

Notary

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