FIR Online, download legal format. IPC, CPC, CrPC, IP, NI, CP Act

Affidavit for Petition under Section 11 of Hindu Marriage Act for Decree of Nullity of Marriage.

Format of Affidavit for Petition for under section 11 of HMA for Decree for Nullity of Marriage.

Section 11 Petitions are being filed for void marriages. As per Section 11 of Hindu Marriage Act 1955 Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 11 [against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i) , (iv) and (v) of section 5.

Sample Format of Affidavit to be filed with Petition seeking Decree for nullity of marriage under section 11 of HMA is given below: 

 

IN THE COURT OF THE _____________ JUDGE AT _________

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

IN THE MATTER OF:

MRS. WI_________                                                                PETITIONER

VERSUS

MR. HU __________                                                              RESPONDENT

AFFIDAVIT

I, Ms. _______________ Wife of _______________ Daughter of ___________ aged _________ years, presently residing at _________________________, do solemnly affirm and say as follows:

1. That I am the Petitioner in the accompanying Petition under Section 11 of Hindu Marriage Act, 1955 and well acquainted with the facts of the case. I am competent to sear to this affidavit.

2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity.

3. That, I was married to the respondent at ____________, on _________, as per Hindu rites and ceremonies.

4. That, the details laid out in the accompanying petition, regarding my age, status and place of residence before marriage and at the time of filing this petition, may be treated as part of this affidavit.

5. That, after marriage, I lived with the respondent in his house till I left the matrimonial house on __________.

6. That, no child was born out of the wedlock between the respondent and me.

7. That, the respondent concealed the fact of his earlier marriage and was having a spouse living at the time of his marriage with me.

8. That, this petition has not been presented in collusion with the respondent.

9. That, there has not been any unnecessary or improper delay in filing this petition

10. That, there is no other legal ground why the relief should not be granted.

11. That, there have not been any other previous proceedings between the parties.
 

Signed at ___________ this ___________ day of ___________20__

 

DEPONENT

VERIFICATION

I, the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.


Signed and verified this _______ day of _______ 20 _______ at _______

DEPONENT

Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the _____ day of ________ ,20__.

COUNSEL FOR THE DEPONENT

 

Section 11 of The Hindu Marriage Act, 1955

11 Void marriages

Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 11 [against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses
(i) , (iv) and (v) of section 5.

 

Section 5 of The Hindu Marriage Act, 1955

5 Conditions for a Hindu marriage

A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:

(i) neither party has a spouse living at the time of the marriage;

[(ii) at the time of the marriage, neither party

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity

(iii) the bridegroom has completed the age of [twenty-one years] and the bride, the age of [eighteen years] at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

(i) A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnised between two Hindus.

(ii) To draw an inference merely from the fact that the spouses had no co-habitation for a short period of about a month, is neither reasonable nor permissible. To brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life.

 

Legal Formats, Alphabetical Order

AFFIDAVIT FORMATS

Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma

Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage,  Act

Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act

Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005

Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act

Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal

Affidavit to Register Marriage under Hindu Marriage Act

Affidavit under Section 2 of Dissolution of Muslim marriage Act

Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order

Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act

Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application

Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC

Affidavit for Petition for maintenance under section 125 CrPC

Affidavit for production of documents in court which not produced earlier

Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation

Affidavit for Application to arrest Defendant before Judgment

Affidavit for Application to change name in the Education Certificate

Affidavit with Application for substituted service of summon order V Rule 20 CPC

Affidavit with Application for Registration of Will after death of Testator

Affidavit to Application objecting notice to vacate premises occupied the by the landlord

Affidavit for Application to issue Duplicate Driving License from Transport Authority

Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years

Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act,  Ground of Adultery

Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion

Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA

Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage

Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act

Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act

Affidavit to Petition Probate under Section 276 of Indian Succession Act

Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant

Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm

Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII

Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum

Affidavit for Execution Petition U/s 25 and 27 of Consumer Protection Act for  Execution of order and impose Penalty

Affidavit for Declaration of loss of Negotiable Instrument by Banker under Order VII Rule 16 of Code of Civil Procedure

Affidavit for Application seeking stay of Execution of Judgment under Order XLI Rule 5 of Code of Civil Procedure

Affidavit for Substitution Application, death of a Party in a Suit, order XXII Rule 3 CPC

Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 CPC

Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure

Affidavit to application for restoration of suit under Order IX Rule 9 of Code of Civil Procedure in case of dismissed suit

Affidavit to Anticipatory bail application under section 438 of Code of Criminal Procedure

Affidavit for Bail Application under section 437 of Code of Criminal Procedure

Affidavit for issue of Death Certificate after registration of death

Affidavit for Writ of Certiorari Writ Petition under Article 226 and 227 in High Court

Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court

Affidavit for Writ of Quo Warranto under Article 226 of the Constitution to be filed in High Court

Affidavit for Writ of Prohibition under Article 226 of the Constitution to be filed in High Court as Public Interest Litigation

Affidavit for Writ of Habeas Corpus under Article 226 of the Constitution to be filed in High Court

Home| About Us| Privacy Policy| Disclaimer| Sitemap Contact Us