IN THE COURT OF HON’BLE CIVIL JUDGE
DISTRICT COURT
(NAME OF PLACE)
CASE NO. _________/______________
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
OBJECTION RAISED ON BEHALF OF PETITIONER
Most respectfully submitted-
Preliminary Objections:
- Admitted the fact of marriage of petitioner and respondent on (__/__/____) in _______________ (name of the place). (If the fact of marriage and date/ place are true).
- Here the petitioner objects in point (2) of the written statement of the respondent that the petitioner is using negative terminologies against the respondent, but Cruelty is to be judged by considering the endurance of the petitioner. Respondents behavior cannot be termed as cruel unless the appellant feels pained or tortured thereby, and thus the petitioner’s point cannot be negate on this point.
- Here the petitioner objects in point (3) of the written statement of the respondent that the vague and unnecessary arguments are being presented by the petitioner, in context with the demand of dowry by the respondent and prohibits meeting with the family members of the petitioner, thus Cruelty does not depend upon the number of painful assaults but depends upon their nature and degree, and where the respondent demanding dowry is unlawful, which is seriously causing the petitioner problem in living with such a person.
- In point no. (4), the petitioner totally objects it, as the respondent is totally giving vague statement to defend himself, that whatsoever economically was possible, here the petitioner was not given food to eat and not proper medical care- If the conduct complained of is bad enough and per se unlawful, cruelty will be established, therefore here the respondent is wrong, and thus cruelty, becomes a valid ground for divorce.
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 Cruelty 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)
