38

PETITIONS UNDER THE HINDU MARRIAGE ACT, 1955

Before giving any model form of application under the matrimonial laws, it is necessary to
know what kind of petitions are contemplated in matrimonial causes. The Hindu Marriage
Act, 1955, has provided for the following important petition:

1.Petition for restitution of conjugal rights (sec. 9)

2.Petition for judicial separation (sec. 10)

3.Petition for void or nullity of marriage (sec. 11)

4.Petition for divorce by dissolution of marriage (sec. 13)

5.Petition for maintenance pendent lite (sec.24)

6.Petition for alimony and maintenance (sec. 25)

7.Petition for custody of children (sec.26)

Such reliefs are also obtained under the Special Marriage Act, 1954, the Indian Divorce Act,
1889, and other personal laws.
Under the rules farmed by the Bombay High Court it is necessary to state the following facts
in the petition for (i) judicial separation, (ii) Nullity of marriage, and (iii) Divorce in addition
to the point given in O. VII, r. 1, C.P.C. and S. 20(1) of the Hindu Marriage Act. (i) Place
and date of marriage, (ii) name of the state of domicile of the wife and husband before and
after marriage (iii) the principal permanent address where there is any cohabited including the
address where they raised together, (iv) birth or ages of such issues, (v) whether there had
been any proceeding in India, if so what wre they and with what result, and on behalf of
whom? (vi) Matrimonial offences or offence charged should be set out in separate paragraphs
with time and place of its commission, (vii) property presented at or about the time of
marriage and jointly owned by both husband and wife , and (viii)relief or reliefs prayed for.
All matrimonial petitions shall lie in the Court of the District Judge (Family Courts wherever
established) within whose local limits of the jurisdiction the marriage was solemnised, or
within whose local limit of the jurisdiction the parties to the marriage last resided together, or
within whose jurisdiction the respondent has been residing; but in the Metropolis of Mumbai,
Calcutta, Chennai and Ahmadabad, these petition shall lie in the City Civil Court of the
respective metropolitan town.

By virtue of Section 14 Hindu Marriage Act, 1955, the Petition for Divorce cannot be
presented with in one year of marriage unless leave is taken from the court to present before
on the ground of exceptional hardship.
The Petitions under Hindu Marriage act are to be presented before District Judge within the
local limits of whose jurisdiction
(a) The Marriage was solemnized; or
 39

(b) The respondent at the time of presentation of the petition, resides, or

(c) The parties to the marriage last resided together, or
(d) In case the wife is the petioner, where she is residing on the date of presentation of
the petition, or
(e) The petioner is residing at the time of presentation of the petition in a case where the
respondent is, at the time, residing outside the territories to which th Act extends, or has not
been heard of as being alive for a period of seven years or more by those persons who would
naturally have heard of him if he were alive.

The districts in which the Family Courts have been established under Family Courts Act,
1984, the petitions shall lie before the Principal Judge, Family Court ( Section 7 and 8 Family
Courts Act, 1984)
Every petition shall state distinctly the following facts-
(a) That the marriage of the petioner was solemnized with the respondent in accordance
with Hindu rites and ceremonies on ….at…..and and affidavit to the effect has to be enclosed
(b) That there is no collusion between the petitioner and the other party in presenting the
petiotion for annulment of the marriage. This fact need not be pleaded in case of petition
under section 11 of the Act.
(c) In case the Petion for Divorce is filed on the ground of cruelty of the respondent, it
has to be specificaaly pleaded that the petioner has not condoned the act of the respondent.
(d) Where the petition for divorce on mutual consent is filed, affidavits of both the
parties are to be attached.
(e) In case of petition for Restitution of Conjugal rights, it has to be pleaded that the
respondent has withdrawn from the company of petitioner without any reasonable cause.
(f) In the petition under the Act, the details regarding the status and place of residence of
the parties to the marriage before the marriage and at the time of presentation of the petition
have to be provided.
*****
40

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI
HMA PETITION NO. OF 2017

IN THE MATTER OF :
X ………………
s/o
R/o …………………………….. … PETITIONER
VERSUS
Y ………………
w/o
R/o …………………………….. …RESPONDENT

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS UNDER SECTION 9

OF THE HINDU MARRIAGE ACT, 1955

Most Respectfully Showeth:

1. That a marriage was solemnized between the parties according to Hindu rites and
ceremonies on ………(date) at……..(place). The said marriage is registered with the
Registrar of marriage. A certified copy of the relevant extract from the Hindu Marriage
Register……… is filed herewith. An affidavit, duly attested declaring and affirming these
facts is also attached.
2. That the status and place of residence of the parties to the marriage before the marriage and
at the time of filing the petition are as follows:
Husband Wife
Status Age Place of Residence Status Age Place of Residence
(i) Before marriage
(ii) At the time of
filing the petition
(Whether a party is a Hindu by religion or not is as part of his or her status).
3. That the (In this paragraph state the names of the children, if any, of the marriage together
with their sex, dates of birth or ages).
4. That the respondent has, without reasonable excuse, withdrawn from the society of the
petitioner with effect from…………..(The circumstances under which the respondent
withdrew from the society of the petitioner be stated in few paragrahs depending upon the
facts).
5. That the petition is not presented in collusion with the respondent.
 41

6. That there has not been any unnecessary or improper delay in filing the petition.
7. That there is no other legal ground why relief should not be granted.
8. That there have not been any previous proceedings with regard to the marriage by or on
behalf of any party.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties:
Serial Name of Nature of Number Name and Result
Parties Proceedings with and year of location
Section of that Act the case of court
(i)
(ii)
(iii)
(Choose whichever is applicable to the facts)
9. That the marriage was solemnized at……………. The parties last resided together
at………… The parties are now residing at…………………(Within the local limit of the
ordinary original jurisdiction of this Court.)
10. That this Hon’ble Court has jurisdiction to try and entertain this petition.

PRAYER:

In view of the above facts and circumstances, it is, therefore, most respectfully and humbly
prayed that this Hon’ble Court may be pleased to grant a decree of restitution of conjugal
rights under Section 9 of the Hindu Marriage Act in favour of the petitioner.
Any other relief/order/Direction this Hon’ble Court may deem fit in the interest of justice and
equity.
PETITIONER
Through
Place: Delhi
Date: ADVOCATE
VERIFICATION:
The above named petitioner states on solemn affirmation that paras 1 to …………..of the
petition are true to the petitioner’s knowledge and paras……………….to………………. are
true to the petitioner’s information received and believed to be true by him/her.

Verified at………………………………(Place)
Dated…………………. PETITIONER

[NOTE : AN AFFIDAVIT OF PETITIONER IS TO BE APPENDED]

*****
42

PETITION FOR JUDICIAL SEPARATION

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI
HMA PETITION NO. _______ OF 2017

IN THE MATTER OF :
X ………………
s/o
R/o …………………………….. …. PETITIONER
VERSUS
Y ………………
w/o
R/o …………………………….. ….RESPONDENT
PETITION FOR JUDICIAL SEPARATION UNDER SECTION 10
OF THE HINDU MARRIAGE ACT, 1955
Most Respectfully Showeth:
1. That the marriage was solemnized between the parties according to Hindu rites and
ceremonies on ………(date) at……………(place). The said marriage is registered with the
Registrar of marriage. A certified copy of the relevant extract from the Hindu Marriage
Register………….is filed herewith.
2. That the status and place of residence of the parties to the marriage before the marriage and
at the time of filing the petition are as follows:

Husband Wife
Status Age Place of Status Age Place of
Residence Residence

(i) Before marriage

(ii) At the time of
filling the petition

(Whether a party is a Hindu by religion or not is as part of his or her status).

3. That the (In this paragraph state the names of the children, if any, of the marriage together
with their sex, dates of birth or ages).
4. That the respondent has……..(any one or more of the grounds available under section 10
may be pleaded here. The matrimonial offences charged should be set in separate paragraphs
with times and places of their alleged commission. The facts on which the claim to relief is
founded should be stated in accordance with the Rules and as distinctly as the nature of the
case permits.)
5. (where the ground of petition is on the ground specified in clause (i) of section 13 (1). The
petitioner has not in any manner been necessary to or connived at or condoned the acts
complained of.
 43

6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned
the cruelty.
7. That the petition is not presented in collusion with the respondent.
8. That there has not been any unnecessary or improper delay in filing the petition.
9. That there is no other legal ground why relief should not be granted.
10. That there have not been any previous proceedings with regard to the marriage by or on
behalf of any party.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties:
Serial Name of Nature of Number Name and Result
Parties Proceedings with and year of location
Section of that Act the case of court
(i)
(ii)
(iii)
(iv)
(Choose whichever is applicable to the facts)
11. That the marriage was solemnized at……………. The parties last resided together
at………… The parties are now residing at………………… (Within the local limit of the
ordinary original jurisdiction of this Court)
12. That this Hon’ble Court has jurisdiction to try and entertain this petition
PRAYER:
In view of the above facts and circumstances, it is, therefore, most respectfully and humbly
prayed that this Hon’ble Court may be pleased to grant a decree of Judicial Separation under
Section 10 of the Hindu Marriage Act in favor of the petitioner.
Any other relief/order/Direction this Hon’ble Court may deem fit in the intrest of justice and
equity.
PETITIONER
Through
Place: Delhi
Date: ADVOCATE

VERIFICATION:
The above named petitioner states on solemn affirmation that paras 1 to____ of the
petition are true to the petitioner’s knowledge and paras____ to_______ are true to the
petitioner’s information received and believed to be true by him/her.
Verified at________________ (Place)
Dated__________________________
PETITIONER

[Note : An affidavits of petitioner is to be appended.

*****
44

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI

HMA PETITION NO. ________ OF 2017

IN THE MATTER OF:

X___________________
S/O
R/O … PETITIONER
VERSUS
Y____________________
W/O
R/O …RESPONDENT

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE

UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955

Most Respectfully Showeth:

1. That the marriage was solemnized between the parties according to Hindu rites and
ceremonies after the commencement of the Hindu Marriage Act on_______ at
_________.The said marriage is registered with the Registrar of marriage. A certified copy of
the relevant extract from the Hindu Marriage Register………….is filed herewith.
2. That the status and place of residence of the parties to the marriage before the marriage and
at the time of filing the petition are as follows:
Husband Wife
Status Age Place of Status Age Place of
Residence Residence
(i) Before marriage
(ii) At the time of
filing the petition
(Whether a party is a Hindu by religion or not is as part of his or her status).
3. (In this paragraph state the names of the children, if any, of the marriage together with their
sex, dates of birth or ages).
4. That the respondent…….(one or more of the grounds specified in section 13 may be
pleaded here. The facts on which the claim to relief is founded should be stated in accordance
with the Rules and as distinctly as the nature of the case permits. If ground as specified in
clause (i) of Section 13 (i) is pleaded, the petitioner should give particulars as nearly as he
can, of facts of voluntary sexual intercourse alleged to have been committed. The
 45

matrimonial offences/offences charged should be set is separate paragraphs with the time and
places of their alleged commission.)
5. (Where the ground of petition is on the ground specified in clause (i) of sub-section (1) of
Section 13. The petitioner has not in any manner been accessary to or connived at or
condoned the acts(s) complained of).
6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned
the cruelty.
7. That the petition is not presented in collusion with the respondent.
8. That there has not been any unnecessary or improper delay in filing the petition.
9. That there is not other legal ground why relief should not be granted.
10. That there have not been any previous proceedings with regard to the marriage by or on
behalf of any part.
Or
There have been the following previous proceedings with regard to the marriage by or on
behalf of the parties:
Serial Name of Nature of Number Name Result
Parties Proceedings with and year of and location
Section of that Act the case of court
(i)
(ii)
(iii)
(iv)
(Choose whichever is applicable to the facts)
11. That the marriage was solemnized at……………. The parties last resided together
at………… The parties are now residing at………………… (Within the local limits of the
ordinary original jurisdiction of this Court.)
12. That this Hon’ble Court has jurisdiction to try and entertain this petition

PRAYER:
In view of the above facts and circumstances, it is, therefore, most respectfully and humbly
prayed that this Hon’ble Court may be pleased to grant a decree of divorce under Section 13
of HMA in favor of petitioner.
Any other relief/order/Direction this Hon’ble Court may deem fit in the intrest of justice and
equity.
PETITIONER
THROUGH
ADVOCATE
VERIFICATION:
46

The above named petitioner states on solemn affirmation that paras 1 to_____of the
petition are true to the petitioner’s knowledge and paras_____ to ______ are true to the
petitioner’s information received and believed to be true by him/her.
Verified at____________________ (Place)
Dated_____________________________
PETITIONER
[Note : An affidavit of the petitioner is to be appended.]

*****
 47

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY

MUTUAL CONSENT
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI
HMA PETITION NO. _______ OF 2017
IN THE MATTER OF:
X______________________ … PETITIONER NO. 1
AND
Y_______________________ … PETITIONER NO. 2

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY

MUTUAL CONSENT UNDER SECTION 13-B(1) OF THE HINDU MARRIAGE ACT,
1955
Most Respectfully Showeth:
1. That a marriage was solemnized between the parties according to Hindu rites and
ceremonies on______(date) at__________(place). A certified copy of the relevant extract
from the Hindu Marriage Register is filed herewith. An affidavit, duly attested statting these
facts is filed herewith.
2. That the status and place of residence of the parties to the marriage before the
marriage and at the time of filing the petition are as follows:
Husband Wife
Status Age Place of Status Age Place of
Residence Residence
(i) Before marriage
(ii) At the time of
filing the petition
(Whether a party is a Hindu by religion or not is as part of his or her status).
3. (In this paragraph state the place where the parties to the marriage last resided
together and the names of the children, if any, of the marriage together with their sex, dates
of birth or ages.)
4. That the parties to the petition have been living separately since______ and have not
been able to live together since then. (In few paragraphs, mention the reasons for not being
able to live together. In case there is a settlement between parties, the same can also be
mentioned).
5. That the parties to the petition have mutually agreed that their marriage should be
dissolved.
6. That the mutual consent has not been obtained by force, fraud or undue influence.
7. That the petition is not presented in collusion.
48

8. That there has not been any unnecessary or improper delay in instituting the
proceedings.
9. That there is no other legal ground why relief should not be granted.
10. That the petitioners submit that this Court has jurisdiction to entertain this petition.
(Mention how the court has jurisdiction to entertain the petition).

PRAYER:
In view of the above facts and circumstances, it is, therefore, most respectfully and
humbly prayed that this Hon’ble Court may be pleased to grant a decree of divorce on mutal
consent thereby dissolving the marriage between petitioner No. 1 and Petitioner oNo. 2 on the
ground of mutual consent.

PETITIONER NO. 1
PETITIONER NO. 2
THROUGH
COUNSEL

VERIFICATION:
The above named petitioner states on solemn affirmation that paras 1 to_____.of the
petition are true to the petitioner’s knowledge and paras______ to______ are true to the
petitioner’s information received and believed to be true by him/her.
Verified at_________________(Place)
Dated___________________________
PETITIONER NO. 1
PETITIONER NO. 2

[Note : Separate affidavits of petitioner no. 1 and petitioner no. 2 to be appended]

*****
 49

DRAFT AFFIDAVIT IN MATRIMONIAL PLEADINGS

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, ROHINI COURT

(DIST…..) , DELHI.
H.M.A. PETITION NO. /2015

IN RE:-
SMT. A
W/O
R/O …PETITIONER
VERSUS
SH. B
W/O
R/O …RESPONDENT

AFFIDAVIT OF SMT. A, W/O…., D/O…… AGED ABOUT………, R/O…………...

I, the above named Deponent do hereby solemnly affirm and declare as under:

1. That I am the petitioner in the aforesaid matter and as such I am well aware about the
facts of the present case and thus competent to depose the same.
2. That my marriage was solemnized with the respondent, according to Hindu Rites and
ceremonies on ……. at Delhi.
3. That the present petition has not been presented in collusion with the respondent.
4. That there is no improper or undue delay in filing the present petition.
5. That the consent for filing the present petition has not been obtained by fraud, force,
pressure or undue influence.
6. That the contents of the accompanying petition U/S ………of the Hindu Marriage
Act. 1955, as amended upto date, have been drafted by my counsel as per my instructions and
contents of the same have been duly read and understood by me and after fully understanding
the contents of the same, I hereby state that the fact stated therein are all true and correct to
my knowledge and the fact stated therein may kindly be read as part and parcel of the present
affidavit also as the contents of the same have not been reproduced herein for the sake of
brevity.

DEPONENT
VERIFICATION:
I, …………….., do hereby verify on this ____day of January, 2016 at Delhi that the contents
of the above said affidavit are true and correct to my knowledge and information and nothing
material has been concealed therefrom.

DEPONENT
*****