IN THE FAMILY COURT OF _____________ (Name of Place & State)
PETITION NO.______ OF _________
Smt._____________________(Name),
Daughter of________(Father’s Name),
Wife of Shri ______(Husband’s Name),
Aged_____________________(Years),
Residing of _____________(Address),
.............. PETITIONER
VERSUS
Shri._____________________(Name),
Son of ____________(Father’s Name),
Aged_____________________(Years),
Resident of ______________(Address),
Carrying on_____________ (Business),
..................... RESPONDENT
As the matter for the Dissolution of Marriage under Section 13 of the Hindu Marriage Act, 1956;
As well as in the matter of the Family Court Act of 1954;
Also in the matter of Divorce of the Petitioner from the Respondent on ground of Adultery.
TO,
IN THE COURT OF HON’BLE DISTRICT JUDGE
THE HUMBLE PETITON OF, THE PETITIONER ABOVENAMED MOST RESPECTFULLY SUBMITS AS UNDER:
- Both the party to the petition are Hindu; and
- That the petitioner was married with the respondent on ___________ at ______________ according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties. An affidavit to this effect is enclosed herewith the petition.
- That the petition is not presented or being prosecuted in collusion with the respondent.
- That there is no petition pending in any court of India regarding this marriage.
- That the petitioner and respondent were married on. (Date/ Month/ Year) according to Hindu rites and customs and rituals at the residence of Smt ______________ (Petitioner) at (Name of Place).
- That both the party to the marriage belongs to Hindu religion and both were unmarried (or divorcee or other category/status) before this marriage.
- That the petitioner is highly educated woman, (details of her education, job and income should be given here) while respondent is merely..... (Details of his education, job and income should be given here).
- That the petitioner and respondent thereafter lived and cohabited as husband and wife at the residence of husband at (name of the place)
- That the parties have two children from the said marriage named master ________________(name of son ) aged ____ year, and km. _____________ (daughter) aged _____ year.
- That the petitioner and respondent last resided together in (specific month & year) at (name of place).
- That the respondent after the marriage went abroad (name of the country, place where he resided) for studies, leaving his two children and wife in India, and does not manage to bring his wife with him.
- That the respondent remained detached to his family for the period of 23 years. The husband contracted second marriage with Ms.________________(name as well as particulars of the woman) there.
- That the respondent had three children out of the second marriage.
PRAYER
The Petitioner therefore prays:
- That this Honorable Court be pleased to decree a dissolution of the said marriage between the Petitioner and the Respondent;
- That the Petitioner be granted alimony of _______/- per month
- That the respondent be ordered to deposit of Rs._____________/- towards the expenses of his daughter’s marriage;
- That the Respondent be ordered and decreed to pay to the Petitioner the costs of this Petition; and
- In the alternate to prayer, the Respondent be directed to give the Petitioner a sum of Rs. /- so as to enable her to purchase suitable accommodation for herself;
- That pending the hearing and final disposal of this petition, the Respondent be directed to provide the Petitioner with a monthly allowance of ________/- to meet her personal expenses and the expenses of running the matrimonial home;
For such further and other reliefs as the nature and circumstances of the case may require.
Petition drawn by
Mr.________________________
(Name of the Advocate)
Advocate
Sd/-
Petitioner
(Name of place, wherever practicing)
VERIFICATION
I,___________________, the Petitioner above named, do hereby solemnly declare and say that what is mentioned in paragraph ___ to ______ is true to my knowledge and that what is contained in paragraph _____to __ is stated on legal advice and I believe the same to be true.
Day of ____(year)
Before me,
Sd/-
Petitioner,
AFFIDAVIT
BEFORE THE HON’BLE FAMILY COURT OF (NAME OF THE PLACE)
BENCH AT (NAME OF THE PLACE)
Petitioner:____________________________ (Name)
Versus
Respondent:____________________________(Name)
- That I am the petitioner in the present case and I am well conversant with the facts and circumstances of the case, hence competent to file this affidavit.
- That, I am filing an application under Section 13 of the Hindu Marriage Act, 1956 and the Family Court Act 1954 on the ground of committing Adultery before this Hon’ble Court. The contents of the application have been read over, translated and explained to me in Hindi and in English also. The content of the application related to the facts are true from my personal knowledge and that related to law are true to the information received by me from my advocate, which I believe to be true and this affidavit is sworn in support thereof. Nothing contained therein is false and nothing has been concealed.
Place:__________________
(Signature)
Date:__/__/____
Deponent
VERIFICATION
I solemnly affirm that what is stated above is true from my personal knowledge, nothing contained herein is false and nothing has been concealed.
Verified by me on (__/__/____)
Place:____________________
(Signature)
Date:__/__/_____
Deponent
Identified by
(Signature)
(Name of the Advocate)
