Hindu Marriage Act| 1955 | Voidable marriages

Petition for Decree of Nullity under Section 12 of the Hindu Marriage Act

Updated specimen petition for annulment of a voidable Hindu marriage, with the statutory grounds, time restrictions, jurisdictional requirements, prayer and verification that commonly require adaptation to the facts and local court rules.

When a marriage may be annulled under Section 12

Section 12 of the Hindu Marriage Act, 1955 deals with voidable marriages. A voidable marriage remains legally effective unless and until a competent court annuls it by a decree of nullity.

Grounds under Section 12(1)

  • Non-consummation owing to impotence of the respondent - Section 12(1)(a).
  • Contravention of Section 5(ii) relating to the mental-capacity condition for a Hindu marriage - Section 12(1)(b).
  • Consent obtained by force or qualifying fraud concerning the nature of the ceremony or a material fact or circumstance concerning the respondent - Section 12(1)(c).
  • Respondent pregnant by another person at the time of marriage - Section 12(1)(d).
Important: The petition must plead the particular statutory ground actually relied upon. Facts suitable for one ground should not be combined mechanically with another ground.

Time restrictions and post-discovery conduct

Section 12(2) imposes specific restrictions. For a petition based on force or fraud under Section 12(1)(c), the petition is barred if it is presented more than one year after the force ceased or the fraud was discovered, or if the petitioner thereafter voluntarily lived with the other spouse as husband or wife. For the pregnancy ground under Section 12(1)(d), the court must also be satisfied that the petitioner was ignorant of the fact at marriage, that the proceeding is instituted within the statutory period, and that consensual marital intercourse did not take place after discovery.

Which court has jurisdiction?

Under Section 19 of the Hindu Marriage Act, a petition is presented to the competent District Court within the prescribed territorial limits, including where the marriage was solemnised, where the respondent resides when the petition is presented, or where the parties last resided together. Where the wife is the petitioner, the statute also recognises the place where she resides on the date of presentation. Other statutory situations in Section 19 may also apply.

Where a Family Court has been established for the relevant area, matrimonial jurisdiction is ordinarily exercised by that Family Court under the Family Courts Act, 1984. The correct court designation should therefore be checked locally before filing.

What the petition should contain

Section 20 of the Hindu Marriage Act requires the material facts supporting the relief to be stated distinctly and, for a Section 12 petition, an averment that there is no collusion between the spouses. The petition must also be verified in the manner required by law. Section 21 applies the Code of Civil Procedure, 1908 to proceedings under the Act as far as applicable, subject to the Act and relevant High Court rules.

Updated specimen petition under Section 12

This is a general drafting specimen. Retain only the ground, facts and relief actually applicable to the case. Court rules, prescribed forms, filing requirements and terminology vary by State and court.

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

MATRIMONIAL PETITION NO. ______ OF 20__

IN THE MATTER OF:

[NAME OF PETITIONER]
Age: ___ years, Occupation: ______
Residing at: ______________________
...PETITIONER

VERSUS

[NAME OF RESPONDENT]
Age: ___ years, Occupation: ______
Residing at: ______________________
...RESPONDENT

PETITION UNDER SECTION 12 OF THE HINDU MARRIAGE ACT, 1955 FOR ANNULMENT OF MARRIAGE BY A DECREE OF NULLITY

MOST RESPECTFULLY SHOWETH:

1. The Petitioner and the Respondent are Hindus and are governed by the Hindu Marriage Act, 1955.

2. The marriage between the Petitioner and the Respondent was solemnised on __________ at __________ according to Hindu rites and ceremonies. [If registered: The marriage was registered on __________ before __________. A copy of the marriage certificate / relevant record is annexed as Annexure P-1.]

3. The status, age and places of residence of the parties before marriage and at the time of presentation of this petition are as follows:

Petitioner: ___________________________________________
Respondent: __________________________________________

4. After the marriage, the parties resided together at __________________ from __________ to __________. [State whether there are any children from the marriage and provide particulars, if relevant.]

5. The Petitioner seeks annulment specifically under Section 12(1)(___) of the Hindu Marriage Act, 1955, on the following facts:

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

6. [Use where Section 12(1)(a) is invoked.] The marriage has not been consummated owing to the impotence of the Respondent. The material facts relied upon are: ________________________________.

7. [Use where Section 12(1)(b) is invoked.] At the time of marriage, the condition specified in Section 5(ii) was contravened in the following manner: ________________________________________________.

8. [Use where Section 12(1)(c) is invoked.] The consent of the Petitioner to the marriage was obtained by force / by fraud concerning the nature of the ceremony or the following material fact or circumstance concerning the Respondent: ____________________. The force ceased / the fraud was discovered on __________. This petition is being presented within the period permitted by Section 12(2). After the force ceased / fraud was discovered, the Petitioner has not, with full consent, lived with the Respondent as spouse.

9. [Use where Section 12(1)(d) is invoked.] At the time of the marriage the Respondent was pregnant by a person other than the Petitioner. The Petitioner was then unaware of that fact and discovered it on __________. The petition is within the period prescribed by Section 12(2), and consensual marital intercourse has not taken place between the parties after such discovery.

10. There is no collusion between the Petitioner and the Respondent in presenting this petition.

11. There has been no unnecessary or improper delay in instituting the present proceeding. [Where Section 12(2) applies, state the relevant dates and facts specifically.]

12. [State particulars of previous or pending matrimonial, maintenance, domestic violence, criminal, custody or other proceedings between the parties, if any. If none, state so accurately.]

13. Jurisdiction. This Hon'ble Court has territorial jurisdiction under Section 19 of the Hindu Marriage Act, 1955 because ________________________________. [Also state the basis for Family Court jurisdiction, where applicable.]

14. The requisite court fee, if any, is being paid in accordance with the applicable law and local rules.

PRAYER

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

(a) pass a decree of nullity under Section 12 of the Hindu Marriage Act, 1955, annulling the marriage solemnised between the Petitioner and the Respondent on __________;

(b) award costs of these proceedings, if deemed appropriate; and

(c) pass such other or further order(s) as this Hon'ble Court may deem just and proper in the facts and circumstances of the case.

Place: __________
Date: __________

PETITIONER

Through Counsel
____________________, Advocate

VERIFICATION

I, __________________, the Petitioner above named, do hereby verify that the contents of paragraphs ___ to ___ are true to my personal knowledge, paragraphs ___ to ___ are based on information received and believed to be true, and the legal submissions are based on advice received and believed to be correct. Nothing material has been concealed therefrom.

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

PETITIONER