Family

Petition for Dissolution of Marriage by a Decree of Divorce under Section 13, Hindu Marriage Act

This is a petition filed by a spouse seeking the dissolution of their marriage through a contested decree of divorce. It initiates proceedings where the petitioner alleges specific matrimonial faults by the respondent, as defined under the Hindu Marriage Act, 1955.

The petition is filed before the Principal Judge of the Family Court having jurisdiction over the matter. It is grounded on Section 13 of the Hindu Marriage Act, 1955, which provides the grounds for a contested divorce, and is governed procedurally by the Family Courts Act, 1984.

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Governing law
Hindu Marriage Act 1955, s.13 (read with the Family Courts Act 1984)
Sections
s. 13s. 13(1)(ia)s. 13(1)(ib)s. 23s. 26
Filed before
Family Court (Court of the Ld. Principal Judge, Family Court)

When this is the right filing

  • When a spouse seeks a divorce on fault-based grounds such as cruelty under Section 13(1)(ia) or desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955.
  • When the respondent spouse is expected to contest the divorce, requiring a full trial on the merits of the allegations.
  • When the petitioner intends to plead and prove specific matrimonial offences as the basis for the dissolution of the marriage.
  • Do not use this petition when both parties have mutually consented to the divorce; a joint petition under Section 13B of the Hindu Marriage Act is the appropriate filing in that situation.

What the court looks for

  • A clear and specific pleading of the matrimonial offence, such as instances of cruelty or the date and factum of desertion, within the body of the petition.
  • Averments confirming that the petitioner is not taking advantage of their own wrong, has not condoned the acts complained of, and is not party to any collusion, as required by Section 23 of the Act.
  • A statement establishing the court's territorial jurisdiction under Section 19 of the Act, and a declaration that no other proceeding concerning the same marriage is pending in any other court.
  • A properly structured prayer clause that re-states the grounds and clearly seeks the decree of divorce, along with any ancillary reliefs for alimony, custody, or costs, if pleaded.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1In the court of ld. principal judge, family court, district, ,
  2. 2Prayer
  3. 3Verification
How it opens
That the Petitioner was married to the Respondent on [marriage date] at [marriage place] according to Hindu rites, customs and ceremonies. The marriage was solemnised [marriage manner]. A copy of the marriage invitation card and the marriage photographs is annexed herewith and marked as Annexure A-1 (Colly.).

Bracketed items are filled from your case.

Frequently asked questions

Where should the grounds for divorce be pleaded in this petition format?

In this specific filed format, the grounds are not listed in a separate section but are pleaded as part of the factual narrative in the body of the petition. They are then re-stated as a bulleted sub-list within the prayer clause itself.

What ancillary reliefs can be included in the prayer of this petition?

Ancillary prayers are conditional and should only be added if actually sought. They can include a claim for permanent alimony under Section 25, interim maintenance under Section 24, child custody under Section 26, the return of streedhan, or the costs of the petition, provided the supporting facts are pleaded in the petition's body.

Is it mandatory to include the citation of the amending Act in the petition's title?

No, it is not mandatory and should not be carried as boilerplate. The citation for the amending Act that inserted the cruelty clause, Section 13(1)(ia), must be verified against the current statute before it is added to the title, and should only be included if the advocate specifically prefers it.

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