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Petition for Decree of Nullity of Marriage under Section 12 of Hindu Marriage Act in case of voidable marriages. Nullity Marriage Petition u/s 12 can be filed on some specific grounds mentioned in the Act.

Format of Petition for Decree of Nullity of Marriage under section 11 of Hindu Marriage Act declare marriage as null and void, when the Petition satisfies grounds for voidable marriage Marriage.

 

As per Section 12 of the Hindu Marriage Act - Voidable Marriages, Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:

(a) that the marriage has not been consummated owing to the impotence of the respondent; or

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

Format of Petition for Decree of Nullity of Marriage under Section 12 of Hindu Marriage Act is given below:

 

 

IN THE COURT OF THE _____________ JUDGE AT _________

MATRIMONIAL CASE NO. __________ OF 20__
 

IN THE MATTER OF:

MR. HUS_________                                                                PETITIONER
 

VERSUS


MRS. WIF __________                                                       RESPONDENT
 

PETITION FOR DECREE OF NULLITY OF MARRIAGE UNDER SECTION 12 OF HINDU MARRIAGE ACT


MOST RESPECTFULLY SHOWETH:
 

The Petitioner, above named states as under:


1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P-1.

2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under:

i) Place of residence before the Marriage

ii) Place of residence at the time of filing the Petition

3. That the marriage has not been consummated.

4. That the Petitioner and his wife were living together happily at the matrimonial house. That the Petitioner recently found that the Respondent was pregnant from another person Mr __________ aged _____________ d/o _________________ Resident of ____________________  The Respondent at the time of marriage did not disclose her relationship with Mr. ___________and kept the Petitioner blank.

 

 

5. The Petition is not being presented in collusion with the Respondent.

6. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner.

7. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner.

8. That no litigation has taken place between the parties to the Petition earlier.

9. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court.

10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
 

P R A Y E R


That the Petitioner, therefore, prays:

a) for grant of decree of Divorce in her favour and against the Respondent and declare the marriage as null and void; and

b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.

PETITIONER

THROUGH

______________., Advocate

Place :

Date :

VERIFICATION

I, Hus, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me.

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

 

PETITIONER

 

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