Section 20 of the Hindu Marriage Act, 1955, deals with the procedural requirements for filing petitions under the Act.This section ensures the authenticity and credibility of petitions, maintaining the integrity of matrimonial proceedings.
- Content Requirement:
Every petition presented under this Act shall state, as distinctly as possible, the facts on which the claim to relief is founded. - Verification Requirement:
The statements contained in every petition shall be verified by the petitioner or some other competent person in the manner required by the Code of Civil Procedure, 1908 (CPC), for the verification of pleadings.
Section 20
(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 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.
Why Verification is Important:
- Ensures authenticity of claims.
- Helps prevent false or frivolous petitions.
- Holds the petitioner legally accountable for false information (can lead to perjury charges).
Legal Provisions Related to Verification (CPC Reference):
Order VI, Rule 15 CPC:
- Every pleading must be verified by the party or their authorized representative.
- Verification must include statements on which the deponent has personal knowledge and those based on information received.
Case Laws on Section 20:
Savitri Pandey v. Prem Chandra Pandey (2002):
The Supreme Court emphasized the need for clear and specific facts in petitions for matrimonial relief.
Durga Prasad v. Sudarshan Devi (1978):
Highlighted that defective verification can affect the credibility of the petition but may not always lead to dismissal unless it causes prejudice to the other party.
Read Also: Where to file Divorce Petition in India- Section 19 Hindu Marriage Act
Important Notes for Students:
- Always link Section 20 with procedural laws like the CPC for exam answers.
- Focus on the twin requirements: “Content of Petition” and “Verification Process.”
- Mention relevant case laws to support answers.
