Matrimonial Petition & Affidavit Formats in India
Sample petition, application and affidavit formats for divorce, mutual-consent divorce, judicial separation, nullity of marriage, maintenance, marriage registration and domestic-violence proceedings under the principal matrimonial laws in India.
Legal references reviewed: September 2026Petition Formats under the Hindu Marriage Act, 1955
The Hindu Marriage Act, 1955 provides remedies including restitution of conjugal rights, judicial separation, nullity, divorce, mutual-consent divorce and maintenance. Select the relevant drafting format below.
Affidavits in Maintenance and Matrimonial Proceedings
- Affidavit format for disclosure of income, assets and liabilities in maintenance proceedings Use subject to the latest Supreme Court directions, applicable High Court rules and local filing requirements.
Restitution of Conjugal Rights
Judicial Separation, Nullity and Divorce
- Mutual-Consent Divorce Petition under Section 13B, Hindu Marriage Act
- Petition for Judicial Separation under Section 10, Hindu Marriage Act
- Affidavit supporting a Judicial Separation Petition under Section 10
- Petition for Decree of Nullity under Section 11 for a void marriage
- Petition for Annulment under Section 12 for a voidable marriage
- Divorce Petition under Section 13(1)(ia) on the ground of cruelty
- Affidavit supporting a Divorce Petition under Section 13
- Application under Section 14 for leave to present a divorce petition within one year of marriage
Permanent Alimony and Maintenance
Maintenance of Wife, Children and Parents under Current Criminal Procedure Law
For proceedings governed by the current criminal procedure code, maintenance of wives, children and parents is dealt with by Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), while alteration of allowance is dealt with by Section 146. The BNSS came into force on 1 July 2024.
- Legacy drafting format: maintenance petition under former Section 125 CrPC Use only as a drafting reference where appropriate. For current BNSS proceedings, update the statutory provision and pleading to Section 144 BNSS and the applicable procedural requirements.
- Legacy drafting format: modification of maintenance under former Section 127 CrPC For proceedings under the BNSS, alteration of maintenance allowance is governed by Section 146 BNSS.
Special Marriage Act, 1954 Petition Formats
The Special Marriage Act, 1954 provides for solemnization and registration of certain marriages and includes remedies for nullity, judicial separation and divorce. Section 28 deals with divorce by mutual consent.
Divorce Act, 1869 Petition Formats for Christians
The Divorce Act, 1869 governs specified matrimonial causes for persons to whom the Act applies. Section 10 concerns dissolution of marriage and Section 10A provides for dissolution by mutual consent.
Muslim Matrimonial Law
The Dissolution of Muslim Marriages Act, 1939 remains a principal Central enactment concerning suits for dissolution of marriage by women married under Muslim law. Section 2 specifies grounds on which a decree for dissolution may be sought. Pleadings should be tailored to the applicable personal law, statutory provisions, territorial jurisdiction and current court rules.
Protection of Women from Domestic Violence Act, 2005 Formats
Section 12 of the Protection of Women from Domestic Violence Act, 2005 permits an application to the Magistrate seeking one or more reliefs under the Act. Section 23 empowers the Magistrate to grant interim and ex parte orders, subject to the statutory requirements.
- Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005
- Download Section 12 Domestic Violence Act application in MS Word format
- Affidavit under Section 23(2), Protection of Women from Domestic Violence Act, 2005
- Written submissions for reliefs under Sections 18, 19, 20, 21 and 22 of the Domestic Violence Act