WHAT IS SECTION 20 OF THE HINDU MARRIAGE ACT, 1955

There is a set procedure of law to file for a petition or an application regarding the matrimonial issues. Section 21 of the Hindu marriage Act, 1955 provides that the proceedings under this Act shall be regulated by the Civil Procedure Code. In case, in a particular state, the concerned High Court has framed any rules related to any matter under the Act of 1955, those rules shall be followed so as to ensure the disposal of the applications or petitions under the Act. 

Also, for the procedure of issues such as Court Marriage In Ahmedabad, it is advised to seek the legal advice of an experienced advocate, as you will read below, a number of paperwork related to the procedures of the law is required, which could be solved easily with the guidance from an experienced advocate. 

  • The Section 20 of the Hindu marriage Act explains about the contents and the verification of the petition to be filed for the divorce- 
  • Section 20(1) provides that every petition of the divorce filed under the Act of 1955 shall be examined in respect to the facts and the nature of the case on which the claim for relief is decided.

Section 20(2) states that the petitioner or a competent individual shall verify the statement contained in the petition in a manner provided by the law for the verification of the plaints and during the hearing it could be used as evidence. 

Contents and verification of the Petitions- 

  • The petition filed under the Hindu Marriage Act is to state the nature of the case as per the facts on which the claim to relief is filed for and that there is not any kind of collusion between the petitioner and the other party, except in the petition filed under Section 11 of the Act. 
  • The High Courts have framed various rules regarding the pleadings for petitions filed under the Hindu Marriage Act. Thus, while drafting the petition it is important to ensure that the petitions are in accordance with these rules. 
  • In addition to the information to be provided in the petition under Order VII, Rule 1, CPC and Section 20(1) of the HMA, the petitions under Sections 9 to 13 are required to provide the information mentioned hereunder.

While the petition is being drafted, you shall inform the following details to your advocate-

  • The place and date of marriage.
  • If the couple was Hindu at the time of marriage.
  • If the couple remains to be Hindu, while the petition is being filed.
  • The name, status and domicile of the parties at the time of the presentation of the petition as well as at the time of the marriage 
  • The name, gender, dates of birth or age of the children if any.
  • Information regarding any other litigation between the parties, if any, prior to the filing of the petition
  • In case the spouse has withdrawn from the society of the petitioner, who has filed the suit of restitution of conjugal rights, the date and circumstances for such withdrawal are required to be given in the petition. 
  • In case of desertion, date and circumstances where the desertion began are to be specified in the petition. 
  • Parties have to specifically allege in relation to the property presented at or about the time of marriage, which belonged jointly to the couple. 

Similar other information in respect to the facts of the cases as well as the nature of the petition filed could be explained by the advocate of the party. 


Affidavits to be filed with the petition-


It is important to note that in addition to the petition filed, the petitioner is required to file an affidavit about certain facts. These affidavits could be-

  • Every petition, other than the nullity of marriage, is required to be accompanied by an affidavit to explain that the petition is not being presented or prosecuted in collusion with the respondent. 
  • If the ground of the petition is cruelty, the affidavit shall state that the petitioner has not condoned the act or has in any manner condoned the cruelty. 

The statements so made in the petition are required to be verified by the petitioner or some other competent person for the verification of the plaint. 

The pleading is required to be verified at the very initial stage by the person acquainted with the facts of the case. An affidavit is required to be furnished in the support of the pleadings. It has to be specifically mentioned in the verification clause, as to which fact is verified as per the knowledge of the plaintiff, as well as which fact is being verified on the basis of the information received or is believed to be true. 


Conclusion


As could be understood from the above mentioned article, there are a number of procedural steps involved with the filing of a petition. Thus, it is advised to seek the legal assistance of an experienced advocate who has dealt with cases similar to yours. Similarly, for every other procedure of law, a number of rules and paperwork are required, such as for the Court Marriage Procedure Mumbai, hence for filing for Court Marriage Mumbai or your own city it is advised to seek assistance of an experienced advocate.

Lead India offers you a team of experienced advocates, who have been successfully handling cases related to family law, including divorce cases, cases related to a judicial separation, maintenance, child custody, inheritance, etc. To seek legal advice or opinion, you may contact us.

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Court Marriage Procedure Mumbai, Court Marriage Mumbai, Court Marriage In Ahmedabad

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