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
In the matter of 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;
And in the matter of Divorce of the Petitioner from the Respondent on ground of Desertion.
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 was 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 Respondent married another woman.
- Where she was living as a concubine, having lower states than his other wife or wives.
- Where the Respondent was having an immoral relation with the one’s brother’s wife.
- That the petitioner was humiliated and was having cruel treatment by the Respondent as well as character assassination was done on her by the husband.
- Where the Respondent turned her out after giving her beatings and refusing to take her back despite her efforts of reconciliation.
- That the Petitioner was forcefully held to live in a one room place, which did not have even basic facilities e.g. Toilet.
- That the Respondent started to live separately for the education of the children or for the ones research work or study.
- That the Respondent also neglected baby daughter when she was ill and removed all her ornaments which were given to her by his mother in law.
- That the Respondent was also having illicit intimacy with the maid servant and beating the wife when she complained that the maid servant abused her.
- That the Respondent is too not able to maintain his wife at his place.
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 ill health;
- That the Respondent be ordered to contribute for the education of his son where was not giving attention on him;
- 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 Rs._________ /- 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.
Petition drawn by Mr. ____________
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/-
Registrar/Superintendent,
AFFIDAVIT
BEFORE THE HON’BLE DISTRICT 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 Desertion 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)
