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  • Petitions & Pleadings / PETITION-FOR-JUDICIAL-SEPARATION-UNDER-SEC-10-OF-HINDU-MARRIAGE-ACT-1955

Petitions & Pleadings

PETITION FOR JUDICIAL SEPARATION

 IN THE DISTRICT COURT OF ____________

AT _________________________

 

CASE NAME: _____________________________

 IN THE MATTER OF SEC. 10, OF HINDU MARRIAGE ACT, 1955

And in the matter of _________________________

 ________________________

________________________   Petitioner

      VERSUS

_________________________

_________________________ Respondent

 

RESPECTFULLY:

1.      That at all material times and at present the parties to the proceedings were and are Hindu and so ruled by the Hindu Marriage Act 1955.

2.      That on the _________ day of __________ the applicant was duly married to _____________ at ________________ and the said marriage was solemnised according to Hindu Customs and Rites. (An extract from the Marriage Registrar or an affidavit duly attested to be filed).

3.      That the following are the issues of the said marriage (name, date of birth, age and sex).

4.      That ever since the said marriage and until the __________ day of ________ the applicant and the said __________ cohabited and lived as husband and wife at _________ when he withdrew himself from the society of applicant without any probable or reasonable cause and thereby deserted her to all purposes and intents.

5.      That from and soon after the marriage the said _____________ habitually and with very few exceptions conducted himself towards the applicant with severe cruelty and harshness by abusing her in most filthy language (state particulars of cruelty).

6.      That applicant has not in any way been party to or connived at or condoned any of the said acts of _____________.

7.      That the said ___________ also maliciously, falsely charged the applicant as having committed adultery, abused the applicant in several manners and treated the applicant with such cruelty as cause a reasonable fear in the mind of the applicant that it will be most harmful /injurious for the petitioner to live further with the said ___________.

8.      That there were no prior proceedings between the parties and there is no collusion between the applicant and ______________ relating to the subject-matter of the present petition.

9.       That this court has jurisdiction to entertain this application as the marriage was celebrated at (the parties reside or last resided within the jurisdiction of this court).

 

 

PRAYER

 

 

The applicant therefore prays for a decree for judicial separation between the applicant and the said _________________________

 

 ____________________

Petitioner’s Signature.

 

VERIFICATION

 

I, _______________ daughter of _________, and wife of ___________ aged about  _____ years by occupation housewife residing at ___________ do hereby solemnly affirm and say as follows:

_____________________________________________________________________________

I am the petitioner above-named and I know and I have made my acquainted with the facts and circumstances of this case.

The statements in paragraphs 1 to 9 are true to my knowledge and belief.

 

I sign this verification on this _________ day of __________ at the Court House at __________.

 

 

 ____________________

 

Petitioner’s Signature


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