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Legal Yojana

PETITION FOR DECREE OF NULLITY OF MARRIAGE

PETITION FOR DECREE OF NULLITY OF MARRIAGE

IN THE DISTRICT COURT AT....................

........................................................................ Petitioner

versus 

..................................................................... Respondent

Petition for decree of nullity of marriage under Section 24(1) 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/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:

Husband Wife

Status Status

Age Age

Place of Residence Place of Residence


 (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 grounds on which a decree of nullity is sought. Facts on which the claim to relief is founded should be stated in compliance with the Rules and as distinctly 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 the parties: —

Serial No.

Name of Parties

Name of Proceedings with section of the Act

Number and date and year of the case

Name and location of the court

Result


(i)






(ii)






(iii)






(iv)







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 reside ....................... Parties last resided together at.....................

Or

(Where the petition is by a wife domiciled in the territories of India except the State of Jammu and Kashmir). The petitioner is resident within the territories of India except the State of Jammu and Kashmir and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the respondent is not resident in the said territories.

10: The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition.

11. The petitioner, therefore, prays that the marriage solemnized between the Act being null and void may be so declared by the Court by a decree of nullity.

Petitioner 

VERIFICATION

The abovenamed petitioner states on solemn affirmation that Paras................. to.................... of the petition are true to the petitioner’s knowledge and paras .................... 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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