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HMA, 1955
Start Practicing
HMAChapter VSection 20
Section20

Contents and verification of petitions

AI Assist

Summary

Petitions must set out the facts clearly, as far as the case allows, and except in petitions under section 11 must state there is no collusion between the petitioner and the other party. The petition must be verified by the petitioner or a competent person in the same manner as plaints are verified. Statements in the petition may be used as evidence at the hearing.

Example

Priya files a petition for divorce alleging cruelty. She lists the specific incidents and, because her case is not under section 11, declares there was no collusion with her husband. She signs the verification (or a competent person does), and those statements can be used as evidence at the hearing.

Bare Act

Enacted text

(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.

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V

Chapter V

Jurisdiction and Procedure

In this chapter

  • 19Court to which petition shall be presented
  • 20Contents and verification of petitions
  • 21Application of Act 5 of 1908
  • 21APower to transfer petitions in certain cases
  • 21BSpecial provision relating to trial and disposal of petitions under the Act
  • 21CDocumentary evidence
  • 22Proceedings to be in camera and may not be printed or published
  • 23Decree in proceedings
  • 23ARelief for respondent in divorce and other proceedings
  • 24Maintenance pendente lite and expenses of proceedings
  • 25Permanent alimony and maintenance
  • 26Custody of children
  • 27Disposal of property
  • 28Appeals from decrees and orders
  • 28AEnforcement of decrees and orders
Previous · Section 19Court to which petition shall be presentedNext · Section 21Application of Act 5 of 1908