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Hindu Marriage Act, 1955 | Section 20

Section 20 Hindu Marriage Act: Contents and Verification of Petitions

Section 20 of the Hindu Marriage Act, 1955 sets out what a matrimonial petition must say and how its factual statements must be verified. These requirements apply to petitions seeking relief under the Act, including divorce, nullity and other matrimonial remedies.

Key requirements: State the material facts supporting the requested relief; include a declaration that there is no collusion between the spouses, except for a petition under Section 11; and verify the statements as required for verification of plaints.

Section 20: statutory provisions and meaning

Section 20(1): Contents of petitions

Every petition under the Act must state, as distinctly as the nature of the case permits, the facts on which the claim for relief is founded. Except in a petition under Section 11, it must also state that there is no collusion between the petitioner and the other party to the marriage.

Section 20(2): Verification of petitions

The statements in every petition must be verified by the petitioner or another competent person in the manner required by law for verification of plaints. The verified statements may be referred to as evidence at the hearing.

Legislative history: Section 20(1) was amended by Section 13 of the Marriage Laws (Amendment) Act, 1976 (Act 68 of 1976), with effect from 27 May 1976. The amendment established the express exception for petitions under Section 11 from the no-collusion statement requirement.

What facts should a matrimonial petition contain?

A petition should present the material facts that establish the legal basis for the particular relief requested. Material facts are the essential factual allegations that, if established, support the statutory claim. They should be stated clearly rather than merely repeating legal conclusions.

  • Marriage details: Names of the spouses, date and place of marriage, and relevant facts about solemnization.
  • Jurisdiction: Facts explaining why the chosen court can hear the matter under Section 19.
  • Statutory relief: Identify the relevant provision, such as Section 13 (divorce), Section 13B (mutual consent divorce), Section 11 (void marriages), or Section 12 (voidable marriages).
  • Supporting events: Relevant dates, conduct, periods of separation and other case-specific facts forming the grounds for relief.
  • Other proceedings and orders: Disclose relevant pending or decided matrimonial proceedings as required by applicable procedural rules and the facts of the case.
  • Relief sought: State the orders requested, including any appropriate ancillary relief, with supporting facts.

Additional information, documents, court fees, affidavits and formatting requirements may be prescribed by applicable High Court rules, Family Court rules and practice directions. Section 20 is not a complete filing checklist by itself.

What does the no-collusion declaration mean?

Under Section 20(1), petitions other than those under Section 11 must state that the petitioner and the other spouse are not acting in collusion to obtain relief by improper arrangement or fabrication. The court separately considers collusion and other statutory bars under Section 23 when deciding whether to grant relief.

Important distinction: Genuine agreement to pursue divorce by mutual consent under Section 13B is not, merely because both spouses consent, the same as prohibited collusion. The legal requirements of Section 13B and the court's scrutiny remain applicable.

How must a petition be verified?

Section 20(2) requires verification in the manner prescribed for plaints. The procedural framework includes Order VI Rule 15 of the Code of Civil Procedure, 1908, read with the applicable matrimonial and Family Court procedure. Verification generally identifies which numbered paragraphs are based on personal knowledge and which are based on information believed to be true, and is signed with the required particulars.

Order VI Rule 15(4) also addresses an affidavit in support of pleadings. The exact form and filing process depend on the applicable court rules, electronic filing directions and any governing statutory modifications. A petition should not be signed or verified by someone lacking the required competence or knowledge.

Are verified statements treated as evidence?

Section 20(2) provides that the verified statements may, at the hearing, be referred to as evidence. This does not mean that every disputed allegation is automatically established or that ordinary requirements of proof are dispensed with. Courts may require affidavits, documents, oral testimony or other admissible evidence as appropriate.

Practical checklist before filing

  1. Confirm that the Hindu Marriage Act applies and identify the correct matrimonial remedy.
  2. Check territorial jurisdiction under Section 19 and the appropriate Family Court or District Court.
  3. Set out each material fact chronologically, with clear dates and particulars where available.
  4. Specify the statutory grounds and precise relief sought.
  5. Include the no-collusion statement unless the petition is under Section 11.
  6. Complete verification by the petitioner or another competent person in the prescribed manner.
  7. Attach the necessary supporting documents and comply with applicable court rules, affidavits, filing fees and service requirements.
  • Section 19: Determines where a matrimonial petition may be presented.
  • Section 21: Makes the Code of Civil Procedure applicable to proceedings under the Act, subject to the Act and applicable rules.
  • Section 23: Sets conditions for granting matrimonial relief, including the court's examination of relevant statutory bars.
  • Family Courts Act, 1984: Governs the jurisdiction and procedure of Family Courts where established.
  • Code of Civil Procedure, 1908, Order VI Rule 15: Addresses verification of pleadings.

Frequently asked questions

What must a petition under Section 20 contain?

It must distinctly state, as the nature of the case permits, the material facts supporting the relief sought. Except for a petition under Section 11, it must also state that there is no collusion between the spouses.

Who can verify a Hindu Marriage Act petition?

The petitioner or another competent person may verify its statements in the manner required by law for verification of plaints.

Is a no-collusion statement required in a Section 11 petition?

No. Section 20(1) expressly excludes petitions under Section 11 from the statutory no-collusion statement requirement.

Does verification prove every allegation in the petition?

No. Section 20(2) says verified statements may be referred to as evidence at the hearing, but contested facts may still require admissible evidence and judicial evaluation.

Where should a matrimonial petition be filed?

Section 19 specifies the territorial grounds for presenting a petition, while the Family Courts Act may determine the forum where a Family Court has been established.

Official legal references

Editorial note: This general legal information reflects the central statutory framework as of 21 October 2026. State amendments, applicable court rules and case-specific judicial decisions may affect procedure. Consult the current official text and applicable court rules before filing.