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Section 20: Contents and verification of petitions

Hindu Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1955
Section 19 All 30 Sections of Hindu Marriage Act Section 21

Legal Commentary & Landmark Judgments: Section 20

Section 20 governs the mandatory pleading requirements, contents, and verification standards for petitions filed under the Hindu Marriage Act, requiring explicit statements on non-collusion and adherence to the Code of Civil Procedure.

  • Statement of Material Facts: Every petition for restitution, judicial separation, nullity, or divorce must distinctly state the nature of the case and the material facts on which the claim to relief is founded.
  • Mandatory Non-Collusion Aversion: Except in petitions under Section 11 (void marriages), every petition must specifically state that there is no collusion between the petitioner and the other party to the marriage.
  • Verification under CPC Standards: Statements contained in every petition must be verified by the petitioner or some other competent person in the manner prescribed by law for the verification of plaints (Order VI Rule 15 CPC).
  • Evidentiary Use at Hearing: Verified statements in petitions may be referred to as evidence at the final hearing, subject to cross-examination.
Key Landmark Precedents:
  • Bipin Chander Jaisinghbhai Shah v. Prabhawati (1956) SCR 838: The Supreme Court held that in matrimonial proceedings, the burden of proving desertion or matrimonial offence rests entirely on the petitioner; precise pleadings and strict verification under Section 20 are essential safeguards against fabricated allegations.
  • Mahendra Manilal Nanavati v. Sushila Mahendra Nanavati (1964) 7 SCR 267: The Supreme Court held that admissions in pleadings in divorce matters must be scrutinized with utmost caution by the court to eliminate any possibility of collusion between spouses to obtain a fraudulent decree.
Courtroom Practice & Strategic Litigation Guidance:

Drafting matrimonial petitions requires meticulous adherence to Section 20. Ensure an express paragraph negating collusion, condonation, or undue delay. An unverified or improperly verified matrimonial petition is liable to be rejected or returned under Order VII Rule 11 CPC.

Section 19 All 30 Sections of Hindu Marriage Act Section 21