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:

1. 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).
2. Here, in point no. (2) the petitioner totally objects respondent’s statement that the petitioner is not happy with the matrimonial relation, if the respondent doesn’t manage his time with petitioner and involve in other bad habits, then how the relation can be further carried. Thus, Desertion is not withdrawal from a place but from a state of things therefore, the petitioner is not going wrong and correct from her part.
3. Here in point no. (3) the petitioner totally disagree with the words stated by the respondent and objects her point of statement and also the respondent is trying to get away with the case and bringing other issues that the petitioner was not happy with the earning of the defendant, but the case is different, here if a wife is treated as a concubinage, hence it clearly becomes a reasonable ground for Desertion.
4. In point no. (4), the petitioner totally object it and clearly states that the respondent is trying to defame the petitioner by stating that she was having an illicit relation with her brother-in-law, rather he himself was involve with the maid of the house and his relation. Thus the existence of another wife also becomes a valid ground for seeking up of divorce in context with desertion.
5. In point no. (5) the petitioner again objects the respondent’s statement as again the respondent started giving a vague explanation, where the respondent is not able to maintain her daughter and the petitioner, on the other hand is enjoying his relation with the other maids of the house, thus where the respondent is doing several acts like adultery, cruelty, and so desertion, becomes a ground for seeking divorce from the respondent.

 

 

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)

1. 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.
2. 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)