Section 20 HMA: Contents and verification of petitions

Hindu Marriage Act, 1955

Section 20 HMA at a Glance

Section 20 HMA sets out what every petition under the Hindu Marriage Act, 1955 must contain and how it is verified. Each petition must state the facts, declare no collusion except under Section 11 HMA, and be verified like a civil plaint.

Section 20 HMA Bare Act Text

20. Contents and verification of petitions.

(1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded and, except in a petition under section 11, shall also state that there is no collusion between the petitioner and the other party to the marriage.

(2) The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence.

Amendments to this section
  • Subs. by Act 68 of 1976, s. 13, for "and shall also State" (w.e.f. 27-5-1976).

Section 20 HMA in Simple Words

Section 20 HMA lays down the required contents and verification of every petition presented under the Hindu Marriage Act, 1955. Together with Section 19 HMA (which fixes the district court where the petition is filed) and Section 21 HMA (which applies the Code of Civil Procedure, 1908), Section 20 HMA governs how a matrimonial petition is drafted and confirmed before the court.

Under Section 20(1) HMA, every petition presented under the Act must state, as distinctly as the nature of the case permits, the facts on which the petitioner's claim to relief is founded. In addition, every petition must state that there is no collusion between the petitioner and the other party to the marriage, except in a petition under Section 11 HMA. Section 11 HMA covers petitions for a decree of nullity (a court declaration that a marriage is null and void) where a marriage solemnized after the commencement of the Act contravenes clause (i), clause (iv) or clause (v) of Section 5 HMA (a living spouse, prohibited relationship, or sapinda relationship not permitted by governing custom or usage).

Under Section 20(2) HMA, the statements in every petition under the Act must be verified (confirmed by a signed formal declaration) by the petitioner or by some other competent person, in the manner required by law for the verification of plaints (the written claims that start civil suits). Once verified, the statements in the petition may, at the hearing, be referred to as evidence. Section 20 HMA was amended by Act 68 of 1976 with effect from 27 May 1976.

When Section 20 HMA Applies

  • Every petition presented under the Hindu Marriage Act, 1955 must state, as distinctly as the nature of the case permits, the facts on which the claim to relief is founded (Section 20(1) HMA).
  • Every petition, except a petition under Section 11 HMA, must state that there is no collusion between the petitioner and the other party to the marriage (Section 20(1) HMA).
  • The statements in every petition must be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints (Section 20(2) HMA).
  • At the hearing, the verified statements contained in the petition may be referred to as evidence (Section 20(2) HMA).

Example of Section 20 HMA

Lakshmi presents a divorce petition under Section 13 HMA against Arvind in the Family Court at Coimbatore. Following Section 20(1) HMA, the petition sets out distinctly the facts on which Lakshmi claims divorce and includes the statement that there is no collusion between Lakshmi and Arvind. Under Section 20(2) HMA, Lakshmi verifies the statements in the petition in the manner required by law for the verification of plaints. At the hearing before the Family Court, those verified statements in Lakshmi's petition may be referred to as evidence.

When Section 20 HMA Does Not Apply

  • The requirement in Section 20(1) HMA to state that there is no collusion between the petitioner and the other party to the marriage does not apply to a petition presented under Section 11 HMA for a decree of nullity of a void marriage.

FAQs on Section 20 HMA

What is Section 20 HMA?▼

Section 20 HMA specifies what every petition under the Hindu Marriage Act, 1955 must state and how its statements must be verified. It requires a distinct statement of the facts, a declaration of no collusion except in a petition under Section 11 HMA, and verification in the manner required for civil plaints, after which the statements may be referred to as evidence at the hearing.

Is a statement of no collusion required in a petition for a void marriage under Section 11 HMA?▼

No. Section 20(1) HMA expressly exempts a petition under Section 11 HMA from the requirement to state that there is no collusion between the petitioner and the other party to the marriage. A petition under Section 11 HMA still has to state the facts distinctly and be verified under Section 20(2) HMA.

Who can verify a petition under Section 20(2) HMA?▼

The petitioner or some other competent person. Section 20(2) HMA requires the verification to follow the manner required by law for the verification of plaints.

Can the verified statements in a petition under the HMA be used at the hearing?▼

Yes. Under Section 20(2) HMA, the verified statements contained in a petition under the Act may, at the hearing, be referred to as evidence.

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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·