There is a set procedure to the law for filing a matrimonial petition before the Court or Forum or competent authority. Section 21 of the Hindu Marriage Act provides that all proceedings under this Act shall be regulated as far as may be, by the Code of Civil Procedure. But, in case the High Court of the concerned State has framed rules for any matter under the Act. Those rules shall come into application for regulating the procedure for the disposal of petitions.
A Matrimonial petition in India or application needs to be filed within a specified period. The Law of Limitation is available under the Limitation Act and some other special Acts, like the Hindu Marriage Act. Guides as to when or as to during which period or up to which period one can institute a petition or application.
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Under the code for a Matrimonial petition in India, both parties are given opportunities to lead evidence. Also, evidence may be affidavits of the parties or their witnesses or the shape of documents. Moreover, both the parties have to show the Court that the piece of evidence he wants to bring on record is relevant for the decision of the case.
The Presiding Officer hears arguments of each side, after the stage of leading of evidence by the parties is over and gives judgment. Also, each party has to copy the judgment as per procedure laid down under the Code of Civil Procedure. The party aggrieved by the Court is can file an appeal or revision under the code of procedure. The case may be, before the Appellate Courts, as per procedure available under the Code of Civil Procedure. Hence, there is a specified period of time under which the appeal and review have to be filed.
Read Also – What is a Review Petition?
Contents and Verification of Matrimonial Petitions in India
Every petition presented under the Hindu Marriage Act is to state as distinctly as the nature of the case permits. In addition, the facts that state the cause and claim the relief is founded. And that there is no collusion between the petitioner and the other party to the marriage.
Information required for filing Matrimonial petition in India
Therefore at the time, when a Matrimonial petition in India is going to be drafted, you must inform your Advocate about the following:
(1) The place and date of marriage.
(2) Whether the couple was Hindu by religion at the time of marriage.
(3) Whether the couple continues to be Hindu by religion up to the date of filing of the petition.
(4) The name, status, address, and domicile of the wife and the husband before the marriage and at the time of filing the petition.
(5) The names of children, if any, from the marriage, their sex and their dates of birth or ages;
(6) Full particulars of any litigation, if any, between the parties, before the date of filing of the petition.
(7) In case the respondent has withdrawn from the society of the spouse.
(8) In case of a petition under section 12(1)(c) and (d) of the Hindu Marriage Act, for judicial separation of a marriage.
(9) In every petition under section 10 or section 13. For judicial separation, on the ground that the other party indulged in adultery, specific acts of sexual intercourse,
(10) In a divorce case, the date and the circumstances in which the desertion began are to be specified in the petition.
(11) In the case of cruelty, the petition should specify and state the specific acts of the cruelty involved, the place where such acts were committed.
(12) In the case of unsoundness of mind or mental disorder, the time when it began.
(13) Where the petition is on the ground of rape or sodomy.
(14) Where the petition is on the ground of bestiality.
(15) Parties are to specifically allege about property presented, which belonged jointly to the husband and wife.
Affidavits required for filing Matrimonial Petition in India
These affidavits may be on the, following aspects:
(a) Where divorce petition is by the wife on the ground of non-compliance. Under section 18 of the Hindu Adoptions and Maintenance Act, 1956 or in proceedings under section 125 Cr.P.C.
(b) Also, every petition is to be accompanied by an affidavit to the effect that it is not being p. Petition for nullity of marriage is an exception.
(c) In a divorce petition, after the observance of the marriage. And, in case of voluntary sexual intercourse with someone else other than his or her spouse. The affidavit must state that the petitioner has not, in any manner, condoned the act or acts complained of.
(d) Where the ground of the petition is cruelty, the affidavit must state that the petitioner has not condoned the act or acts complained.
(e) Where the ground of petition is no resumption of cohabitation as between the parties to the marriage for one year. The petition and the affidavit supporting the statement should be linked.
(f) Where the ground of petition is of no restitution of conjugal rights as between the parties to the marriage for one year or upwards.
Claim entitled for filing a Matrimonial Petition in India
Firstly, while narrating the facts, the petition must include the entire claim as a due while institution of the petition. Secondly, while instituting a divorce petition, you claim a decree of divorce on both the grounds available to you. Never think that you would be able to claim in parts. Moreover, you cannot file a petition only based on one of the two grounds when both are available to you.
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