Nullity of marriage petition: void or voidable (ss.11 and 12 HMA)
A petition to declare a marriage void (a living spouse, prohibited degrees, sapindas) or to annul a voidable one (impotence, mental disorder, force or fraud, pregnancy by another).
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How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Principal Judge, Family Court, Amarnagar
HMA Petition No. ______ of 2026
Versus
PETITION UNDER SECTION 11 OF THE HINDU MARRIAGE ACT, 1955 FOR A DECREE OF NULLITY OF MARRIAGE
Respectfully Showeth:
1.That the marriage between the petitioner and the respondent was solemnised on 22-02-2026 at Shantipur, according to Hindu rites and ceremonies. Both parties are governed by the Hindu Marriage Act, 1955.
2.That no child was born of the marriage.
3.That after the marriage the parties lived together as husband and wife, last at House No. 18, Sector 4, Shantipur, and they have been living apart since 05-08-2026.
4.That the marriage is null and void under Section 11 of the Act, because at the time of the marriage the respondent had a spouse living, contrary to Section 5(i) of the Act. The facts are these: the respondent had married Asha Rani on 08-02-2015 at Amarnagar; that marriage has not been dissolved, and she was living, as she is now, when the respondent married the petitioner; the respondent hid this from the petitioner and her family, who learnt of it on 05-08-2026, when Asha Rani came to their house with the photographs of her marriage.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- Proof of the marriage: the marriage certificate if it was registered, otherwise the wedding card and photographs of the ceremony
- Aadhaar card or another photo identity proof, with proof of the present address (photocopies; the originals to show)
- The other spouse's full present address (and phone number, if known), for the court's notice
- Proof of the ground: for a spouse already living, the earlier marriage certificate, photographs or an order in an earlier case; for impotence or mental disorder, medical records; for force or fraud, whatever shows what was hidden and when you found out
- Birth certificates of the children, if any (photocopies)
- Copies of the petitions and orders in any earlier or pending case between you: maintenance, domestic violence, an FIR or another petition
- Passport-size photographs, usually two or three
Where to go
Filed through an advocate in the Family Court (or the District Judge where there is none) of the district where you married, where the other spouse lives, where you last lived together or, for a wife, where she now lives. The court usually sends the parties to mediation or counselling first.
Fee
Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.
Good to know
- Force or fraud: file within one year of the force ending or the fraud being found out, and do not live together as husband and wife after that (Section 12(2)). Pregnancy by another man: file within one year of the marriage.
- Children of the marriage stay legitimate even after a decree of nullity (Section 16).
- Marrying again while a spouse is living can also be an offence; ask your lawyer about a criminal complaint.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee on this petition or application is set by the state's court-fee law; affix the court-fee stamps (or the e-court-fee receipt) and any welfare stamps as the court office directs.