As per Section 11 of the Hindu Marriage Act - Void Marriages, any marriage
solemnized after the commencement of this Act shall be null and void and may, on
a petition presented by either party thereto, 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), Section 5. Clauses (i), (iv) and (v) are
(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
(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;.
Format of Petition for Decree of Nullity of Marriage under Section 11 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 __________ RESPONDENT
PETITION FOR DECREE OF NULLITY OF MARRIAGE UNDER SECTION 11 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 P1.
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 from this marriage, the couple has been blessed with one girl child aged 4 years and one boy aged 2 years. That the Children is living with the Respondent.
4. That the Petitioner and his wife were living together happily at the matrimonial house. That recently the Petitioner learnt that the respondent had a spouse living at the time of present marriage. The Respondent was already married to Mrs __________ aged _____________ d/o _________________ Resident of ____________________ The Respondent at the time of marriage not revealed this fact 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.
I, Wif, 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 _______
Power of Attorney
Suits under Code of Civil Procedure
Format of Suit for Compensation for death due to negligence or physical disability due to negligence of others. The Suit can be filed before Competent Judge in Civil Court as per pecuniary Jurisdiction