PETITION FOR DECREE OF NULLITY OF MARRIAGE





(Title as in the previous precedents)



In the matter of nullity of marriage under s. 11 of the Hindu Marriage Act 1955.



AB ..................... Petitioner

(Full name and address)

versus



CD ..................... Respondent

(Full name and address)

The humble petition of AB

RESPECTFULLY SHOWETH:

1. That at all material times the parties to the petition were and are Hindu ruled by the Hindu Marriage Act 1955 (Act 25 of 1955).

2. That a pretended marriage was however on the ............ day of......... celebrated at ......... between the applicant then a unmarried women aged ............with the respondent then known as......... aged......... declared as a bachelor under the purported Hindu rites and customs (an extract from the Marriage Register or an affidavit duly attested to be filed).

3. That the purported marriage was cheating practised by the respondent upon the petitioner and is void ab initio inasmuch as the respondent had already a married wife named ......... then and this fact was suppressed from the petition and she is still now alive.

4. That since the said marriage with CD, the applicant lived and cohabited with CD at etc., without having any issue of such purported marriage until the ......... day of............



Or That the applicant and the said CD are within the restricted degrees of relationship, the applicant being the first cousin sister of the said CD.

Or

That the said CD was impotent at the time of such marriage and remained as such until institution of present proceeding (if this ground is alleged then omit the words "and cohabited" in para 4).

5. That the applicant bear right to get the sum of Rs............. monthly from the said CD for her maintenance and support until she is married.

6. That there is no collusion between the applicant and the said CD in making this application.

7. That there were no prior proceedings relating the marriage in question by or on behalf of any party.

8. That this court has jurisdiction to entertain this application as the marriage was celebrated within the jurisdiction or the parties reside and live or last resided and lived within the jurisdiction.

The applicant therefore prays that the court may be pleased to declare that the said marriage between the applicant and CD is nullity and the said CD be ordered to pay to the applicant for her support and maintenance a sum of Rs. ............ monthly or such other monthly sum as the court thinks fit as long as the applicant remains unmarried.

Verification



I, AB, daughter of XY and wife of CD aged about ............ years by occupation service residing at............ do hereby solemnly affirm and say as follows:

I am the petitioner above-named and I know and I have made myself acquainted with the facts and circumstances of this case.

The statements in paragraphs 1 to 8 are true to my knowledge and belief.

I sign this verification on this ............ day of............... at the Court House at...............

Signature of AB

Signature of Advocate

Before me

Notary