Petition by Husband for Annulment of Voidable Marriage by Shiva.

Petition by Husband for Annulment of Voidable Marriage

IN THE COURT OF THE DISTRICT JUDGE AT . . . . . . . . . . . .

Matrimonial Petition No. . . . . . . . . . . . of 20 . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner ;

Versus

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent.

Petition under Section 12(1)(d) of the Hindu Marriage Act, 1954.

The Petitioner states as follows :

1. The parties were married after the commencement of the Hindu Marriage Act on . . . . . . . . . . . at . . . . . . . . . . . An extract from the Hindu Marriage Register/Affidavit is filed herewith.

2. The parties before the marriage and even now are Hindus and reside at the addresses mentioned above.

3. After the aforesaid marriage the respondent came to live with the petitioner at his house. The respondent showed symptoms of retching and was often unable to retain any food or liquid. The petitioner grew apprehensive and desired to consult some physician but the respondent said that there was nothing serious and she may be sent to her parental home where she would recover soon.

4. The petitioner sent the respondent to her father’s house on . . . . . . . . . . and kept on visiting her to ascertain her welfare. The petitioner insisted that a doctor be consulted and on the respondent’s father’s assent, Dr . . . . . . . . . . . was requested to examine the respondent. Dr . . . . . . . . . . suspected that the respondent was pregnant and for confirmation advised that some gynaecologist be consulted.

5. That on or about . . . . . . . . . . . the medical superintendent of the Women’s Hospital was consulted who on examination confirmed that the respondent was probably running in the fourth month of her pregnancy.

6. The petitioner wrote a letter on . . . . . . . . . . . to the respondent saying that she was carrying a child of sin in her womb and that was the end of marriage so far as he was concerned. He, however, warned her of the dangers of abortion and that he would be vigilant about it. The respondent made no reply to the letter.

7. That the respondent delivered a full grown son in the Women’s Hospital, . . . . . . . . . . ., on . . . . . . . . . . .That the said child was not the result of the petitioner’s cohabitation with the respondent.

8. The petitioner was ignorant of the facts of the pregnancy of the respondent at the time of his marriage.

9. No marital intercourse has taken place between the parties since the discovery by the petitioner that the respondent was pregnant.

10. This petition is being filed within one year of the date of the marriage.

11. There is no collusion between the parties in respect of these proceedings.

12. Since the marriage was solemnised at. . . . . . . . . . .this Court has jurisdiction to entertain this petition.

The petitioner, therefore, prays that the marriage between the parties be annulled by a decree of nullity and the petitioner be awarded special costs.

Sd. . . . . . . . . . . . .

Petitioner.

VERIFICATION

The abovenamed petitioner states on solemn affirmation that Paras 1 to . . . . . . . . . . . of the petition are true to the best of petitioner’s information and belief. Verified at . . . . . . . . . . . (place).

Sd. . . . . . . . . . . . .

Dated. . . . . . . . . . .                                          Petitioner.

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.