Petition For Decree Of Nullity Of Marriage

Petition For Decree Of Nullity Of Marriage Deed Format

(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

Most Respectfully Sheweth:

1. That at all material times the parties to the petition were and are Hindu governed 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 spinster 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 a fraud 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 suppresed 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 …………

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1 Or

2 Or

3 Verification

Or

That the applicant and the said CD are within the prohibited 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 continued to be so until the institution of the present proceeding (if this ground is alleged then omit the words “and cohabited” in para 4).

5. That the applicant is entitled to get the sum of Rs. ………… per month from the said CD for her maintenance and support until she is married.

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6. That there is no collusion between the applicant and the said CD in making this application.

7. That there were no previous proceedings with regard to 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 live and reside or last lived and resided 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 null and void and the said CD be ordered to pay to the applicant for her support and maintenance a sum of Rs. ………… per month or such other monthly sum as the court thinks fit as long as the applicant remains unmarried.