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Hindu Marriage Act| 1955 | Section 11

Affidavit for Petition Seeking Decree of Nullity of a Void Marriage

Updated specimen affidavit for use with a petition under Section 11 of the Hindu Marriage Act, 1955, where the marriage is alleged to be void for breach of Section 5(i), 5(iv) or 5(v).

› Legal Formats › Section 11 HMA Affidavit
Legal position: Section 11 applies to marriages that are void because they contravene Section 5(i), Section 5(iv) or Section 5(v) of the Hindu Marriage Act, 1955. These provisions concern a spouse living at the time of marriage, prohibited degrees of relationship, and sapinda relationship, subject to the statutory custom/usage exceptions.
Section 5(i)Neither party should have a spouse living at the time of the marriage.
Section 5(iv)The parties should not be within prohibited degrees, unless a governing custom or usage permits the marriage.
Section 5(v)The parties should not be sapindas of each other, unless a governing custom or usage permits the marriage.

A petition under Section 11 is different from a petition under Section 12. Section 11 concerns marriages that are statutorily void on the specified Section 5 grounds; Section 12 deals with voidable marriages on the grounds stated in that provision.

Important: Court forms, affidavit requirements, verification clauses, e-filing rules, notarisation/attestation practice and territorial jurisdiction can vary by State and court. Adapt this specimen to the applicable High Court/Family Court rules and the facts of the case.

Sample Affidavit Format under Section 11 HMA

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT / DISTRICT COURT AT __________

H.M.A. PETITION NO. ________ OF 20__

IN THE MATTER OF:

____________________________ PETITIONER

VERSUS

____________________________ RESPONDENT

AFFIDAVIT

I, ____________________________, son/daughter/wife of ____________________________, aged about ____ years, residing at ________________________________________________, do hereby solemnly affirm and state as follows:

1. That I am the Petitioner in the accompanying petition under Section 11 of the Hindu Marriage Act, 1955, and I am fully acquainted with the facts and circumstances of the case and competent to swear this affidavit.

2. That I have read and understood the contents of the accompanying petition. The statements made therein are true and correct to my knowledge and belief, and the same may be read as part of this affidavit to avoid repetition.

3. That the marriage between the Petitioner and the Respondent was solemnised on __________ at __________ according to Hindu rites and ceremonies / applicable customary rites.

4. That the parties are governed by the Hindu Marriage Act, 1955, and the facts relating to their status, residence and jurisdiction are correctly stated in the accompanying petition.

5. That the marriage is liable to be declared null and void under Section 11 of the Hindu Marriage Act, 1955 because it contravenes Section 5(___) of the Act, namely: ________________________________________________.

6. That the material facts constituting the above statutory ground, including the relevant dates, relationship/status and supporting documents, are set out in paragraphs ____ to ____ of the accompanying petition.

7. That the present petition is not presented in collusion with the Respondent.

8. That there has been no unnecessary or improper delay in presenting the petition, or, where any period has elapsed, the circumstances explaining the same are stated in the accompanying petition.

9. That details of previous matrimonial or related proceedings between the parties, if any, have been fully disclosed in the accompanying petition. If none, there are no previous proceedings to the best of my knowledge.

10. That there is no other legal ground known to me on which the relief prayed for is required to be refused.

DEPONENT

VERIFICATION

I, the above-named deponent, verify that the contents of paragraphs 1 to ____ of this affidavit are true and correct to my personal knowledge, paragraphs ____ to ____ are based on information believed by me to be true and/or legal advice received and believed to be correct, and nothing material has been concealed therefrom.

Verified at __________ on this ____ day of __________, 20__.

DEPONENT

Attestation / oath commissioner / notarial endorsement should be completed in the form required by the court and applicable local rules.

Section 11: What Makes a Marriage Void?

Section 11 provides for a decree of nullity where a marriage solemnised after commencement of the Act contravenes one of the conditions in Section 5(i), (iv) or (v). In practical terms, the petition must identify the precise statutory condition alleged to have been breached and plead the supporting facts.

Section 5 Conditions Relevant to Section 11

Section 5(i): neither party has a spouse living at the time of the marriage.

Section 5(iv): the parties are not within prohibited degrees of relationship, unless a custom or usage governing each of them permits such a marriage.

Section 5(v): the parties are not sapindas of each other, unless a custom or usage governing each of them permits such a marriage.

Useful Official Legal Resources

For filing or updating a petition, check the current statutory text and the procedural rules applicable to the court concerned.

Disclaimer: This page provides a general specimen for legal drafting and educational use. It is not a substitute for advice on the facts of a particular case. Pleadings should be settled according to the applicable statute, High Court rules, Family Court rules and local filing practice.