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Family Law Mediation

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.

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As per Section 12 of the Hindu Marriage Act - Voidable Marriages,


Any marriage solemnised, whether before or after the
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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

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(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

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(d) that the respondent was at the time of the marriage pregnant by

some person other than the petitioner.

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Format of Petition for Decree of Nullity of Marriage under Section 12

of Hindu Marriage Act is given below:

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IN THE COURT OF THE _____________ JUDGE AT _________

MATRIMONIAL CASE NO. __________ OF 20__

IN THE MATTER OF:

MR. HUS_________                                                                PETITIONER

VERSUS

MRS. WIF __________                                                       RESPONDENT


 

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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.

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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:

PRAYER

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 :
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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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Legal Formats

Affidavit in Maintenance & Divorce


cases as per direction of Delhi High

Court in Kusum Sharma v. Mahinder


Kumar Sharma

Mutual Consent Divorce Petition Format


under Section 13(1)(B) of Hindu

Marriage Act 1955

Petition for Restitution of Conjugal


Rights format, to file Petition, when the
88 Petitioner is deserted by his partner
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