Petition by Husband for Annulment of Voidable Marriage
In the Court of Ms..................................,Family Courts, District..................., New Delhi Ms. ..................... Petitioner
versus
1. Mr. .....................Respondents
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.
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