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
MR. HU __________ RESPONDENT
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
Signed at ___________ this ___________ day of ___________20__
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 _______
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
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.
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.