Application to File Divorce Within One Year of Marriage under Section 14 HMA

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

APPLICATION NO. ______ OF 20__
IN / ALONG WITH
MATRIMONIAL PETITION NO. ______ OF 20__

IN THE MATTER OF:

Mr./Ms. ______________________________ Applicant/Petitioner

VERSUS

Mr./Ms. ______________________________ Respondent

APPLICATION UNDER SECTION 14 OF THE HINDU MARRIAGE ACT, 1955 SEEKING LEAVE TO PRESENT A PETITION FOR DIVORCE BEFORE EXPIRY OF ONE YEAR FROM THE DATE OF MARRIAGE

MOST RESPECTFULLY SHOWETH:

1. That the marriage between the Applicant and the Respondent was solemnized on __________ at __________ according to Hindu rites and ceremonies. The marriage was registered before the Registrar of Marriages at __________, if applicable. A copy of the marriage certificate / relevant extract is annexed as Annexure A-1.

2. That the particulars of the parties before and after marriage are as follows:

3. That the marriage has / has not been consummated. [Retain only the statement applicable to the facts.]

4. That after the marriage, the parties resided together at __________. Thereafter, the following circumstances arose: ______________________________. The Applicant relies upon the following material facts and incidents: ______________________________.

5. That the aforesaid facts constitute exceptional hardship to the Applicant and/or exceptional depravity on the part of the Respondent within the meaning of the proviso to Section 14(1) of the Hindu Marriage Act, 1955, for the following reasons: ______________________________.

6. That the Applicant seeks to institute a petition for divorce on the ground(s) available under the Hindu Marriage Act, 1955, namely: ______________________________. The proposed divorce petition is being presented before expiry of one year from the date of marriage only because of the exceptional circumstances pleaded above.

7. That [there are no children from the marriage / the parties have the following child or children: __________]. The Applicant submits that the interests of the child/children, if any, have been considered and states: ______________________________.

8. That efforts at reconciliation have [been made / not been possible] for the following reasons: ______________________________. In the facts stated above, there is [no reasonable probability / the following probability] of reconciliation before expiry of one year from the date of marriage.

9. That no previous application seeking identical relief has been filed or decided between the parties, except as specifically disclosed here: ______________________________.

10. That this Hon'ble Court has territorial and subject-matter jurisdiction in accordance with the Hindu Marriage Act, 1955, the Family Courts Act, 1984 where applicable, and the relevant local rules, because ______________________________.

11. That the present application is bona fide and the Applicant has made a true and complete disclosure of the facts relied upon for seeking leave under Section 14.

PRAYER

In the above circumstances, the Applicant respectfully prays that this Hon'ble Court may be pleased to:

1. grant leave under Section 14 of the Hindu Marriage Act, 1955 to the Applicant to present the accompanying/proposed petition for divorce before expiry of one year from the date of marriage; and
2. pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interests of justice.

APPLICANT/PETITIONER

THROUGH COUNSEL
______________________________
Advocate

Place: __________
Date: __________

VERIFICATION

I, ______________________________, the Applicant above named, do hereby verify that the contents of paragraphs ____ to ____ are true and correct to my personal knowledge and the contents of paragraphs ____ to ____ are based on information and legal advice believed by me to be true and correct. No material fact has been concealed therefrom.

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

APPLICANT/PETITIONER

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

APPLICATION NO. ______ OF 20__
IN / ALONG WITH
MATRIMONIAL PETITION NO. ______ OF 20__

IN THE MATTER OF:

Mr./Ms. ______________________________ Applicant/Petitioner

VERSUS

Mr./Ms. ______________________________ Respondent

AFFIDAVIT

I, Mr./Ms. ______________________________, aged about ____ years, occupation __________, residing at ______________________________, the Applicant/Petitioner above named, do hereby solemnly affirm and state as follows:

1. That I am the Applicant in the accompanying application under Section 14 of the Hindu Marriage Act, 1955 and 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 application. The statements made therein are true and correct to my knowledge and belief and may be read as part of this affidavit without being repeated for the sake of brevity.

3. That the facts stated in the application constitute exceptional hardship to me and/or exceptional depravity on the part of the Respondent for the reasons specifically pleaded in the application.

4. That attempts at reconciliation have [been made / not been possible] in the circumstances stated in the application, and the facts relating to the possibility of reconciliation have been truthfully disclosed.

5. That the facts concerning any child or children of the marriage, if applicable, and their interests have been fully disclosed in the accompanying application.

6. That I have not obtained or attempted to obtain leave under Section 14 by any misrepresentation or concealment of the nature of the case, and no material fact has been suppressed.

DEPONENT

VERIFICATION

I, ______________________________, the above-named deponent, verify that the contents of paragraphs 1 to 6 of this affidavit are true and correct to my personal knowledge and belief, that no part thereof is false, and that nothing material has been concealed.

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

DEPONENT