DRAFTING IN MATRIMONIAL CASES

Petition for dissolution of marriage by a decree of divorce may be presented to the family court of the distt. by wife(or husband), whether such marriage was solemnized before or after the commencement of the Marriage Laws (amendment) Act, 1976, on the ground specified under section 13 of the Act, after expiry of one year or more,

Essential ingredient of the petition:

To get a decree of divorce, the following conditions must be satisfied.

(i) marriage having been solemnised between the parties;

(ii) one year expired from the solemnization of marriage; (Note-- upon an application, the court may entertain a petition for divorce before the expiry of the period of one year, if the case is of exceptional hardship to the petitioner or of exceptional depravity on the part of respondent).

(iii) both the party to the petition are Hindu; and

(iv) there is no collusion between the parties;

(v) there is no petition pending in any court of India regarding this marriage, if pending give detail.

Performa of the petition:

Title of the petition--

In the court of (name of the court) (name of the distt,city or where court is situated) for example--

In the court of family court, Dehradun

H.M.Petition No.......... of 2011.

Name and addresses of the parties to the petition,

for example--

Smt/shri................................W/o/ or D/o.or S/o........................................R/o.....................................

versus Petitioner

Smt / Shri..................................W/o or D/o or S/o ..................................R/o .............................

Respondent

Petition under Section 13 of Hindu Marriage Act 1955 by a Hindu wife for dissolution of marriage by a decree of divorce.

Sir,

Petitioners above named state as follows:

1. Petitioners were married on.11th may 2007 according to Hindu rites and customs at the residence of Smt.......................... (Petitioner) at Rajpur Road Dehradun.

2. That both the party to the marriage belongs to Hindu religion and both were unmarried (or divorcee or other category/status) before this marriage.

3. That the petitioner is highly educated girl, (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).

4. Petitioners thereafter lived and cohabited as husband and wife at the residence of husband at Dehradun.

5. That the parties have two issues from the said marriage named master Raju ( son ) aged 5 year, and km. Anita (daughter) aged 3 year.

6. That the petitioner and respondent last resided together in march 2013 at Dehradun.

7. That the behaviour of the respondent and his parents were very cruel towards petitioner. The husband has...........(details of cruelty by husband or his family member should be given here).

or

(Cruelty may be mental or physical detail must be given );

or

( That the petitioner's consent to marriage obtained by fraud, detail of fraud's particulars must be given);

or

(Voluntary sexual intercourse with the other women, particulars must be given of the said woman and of the said incident. And it is necessary to made party in the suit the said alleged woman or man as the case may be);

or

( has been incurable of unsound mind and not possible to live with him);

or

(has been suffering from a virulent and incurable form of leprosy);

or

( has been suffering from syphilis in a communicable form, the disease having been contracted from some one other than the petitioner);

or

( has renounced the world and became a sadhu);

or

( has not been heard of as being alive for over seven years by those persons who would naturally have heard of it had he been alive );

or

( has married Smt. (name of the woman) after his marriage with the petitioner and that wife is still alive);

or

(has after his marriage with the petitioner been guilty of rape or sodomy or bestiality).

8. That the petitioner never condoned the conduct of the respondent.

9. That there is no collusion between the petitioner and the respondent. ( this statement is necessary in the petition)

10. That there is no suit pending in any Court of India between the petitioner and respondent regarding this marriage( if any suit pending, true particular should be given in the petition).

11.That the cause of action arises on ................( the exact date of the cause of action as far as possible should be given, where, however, the exact date is not known, petitioner can mention the near about date when cause of action accrued).....

12. jurisdiction

13. valuation of suit

14. relief

verification: