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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting a Petition for Decree of Nullity of Marriage under Section 12 of the Hindu Marriage Act:
A petition for a decree of nullity of marriage under Section 12 of the Hindu Marriage Act is used when one party seeks to declare their marriage void due to specific conditions or circumstances outlined in the Act. This is different from divorce as it deems the marriage void from the beginning. Here are guidelines for drafting such a petition and common mistakes to avoid:
Heading: Begin with the title "In the Court of [Name of the Appropriate Court]" and include the names of the petitioner and respondent.
Personal Details: Clearly identify both parties with their full names, addresses, marital statuses, and occupations.
Marriage Details: Provide information about the date and place of the marriage, including the relevant details of the marriage ceremony.
Grounds for Nullity: Specify the grounds for seeking nullity, such as impotence, bigamy, or consent obtained by fraud or force, and provide details of the specific circumstances that justify nullification.
Supporting Evidence: Attach any supporting documents, such as marriage certificates, photographs, or witness statements, to substantiate your claims.
Prayer for Relief: Conclude the petition with a prayer requesting the court to grant a decree of nullity of marriage under Section 12 of the Hindu Marriage Act.
Common Mistakes to Avoid:
Inaccurate Information: Ensure that all details are accurate and complete, with no factual errors.
Lack of Specifics: Provide specific examples and incidents that justify the nullity of the marriage.
Failure to Attach Evidence: Include all necessary documents and evidence to support your case.
Ignoring Legal Counsel: Consult with an attorney experienced in family law to ensure compliance with legal procedures.
Not Responding to Court Orders: Be prompt in responding to court orders and attend hearings to avoid adverse judgments.
Drafting a petition for nullity of marriage under Section 12 is a significant legal step that requires attention to detail and adherence to statutory requirements. Legal consultation is advisable to navigate the process effectively and ensure that the petition is well-prepared and compliant with the Hindu Marriage Act.