Petition for a judicial separation by reason of cruelty
(See section 22)
In the High Court of……..
To the Hon'ble Mr. Justice
(or To the Judge of……..)
The humble petition of AB (wife of CB)
of………………………………..
Sheweth:
1. That at all material times the parties to the above proceedings were Christian by birth and religion and domiciled in India.
2. That on the……..day of………………your petitioner, then AD (spinster), was lawfully married to CB according to law governing them and the said marriage is still subsisting.
3. That there is no issue of the said marriage.
4. That ever since her said marriage, your petitioner lived and resided with her said husband all along except short stays outside at…………..within the jurisdiction of this court until the……….day of…………..when your petitioner's said husband wrongfully separated from and deserted her as hereinafter more particularly mentioned.
5. That the married life of your petitioner was most unhappy ever since and throughout the marriage as the said CB forced her to do all sorts of menial work in the house against her wish and desire and on failure or refusal thereof he insulted her, behaved roughly, habitually misconducted himself towards her and treated your petitioner with great harshness, negligence and cruelty, frequently abusing her in the coarsest and most insulting language and beating her at times violently with kicks and blows, sometimes with a cane, or with some other weapon.
6. That some particulars of harshness, neglect and cruelty are inter alia as follows:
7. Throughout their married life and without any exception the said CD by words and deeds made it quite clear that he had no heart nor any love and affection for her but married simply for enriching himself with the wealth of her parents.
8. That one evening in or about the month of the said CD tried to kick her out of the house in which your petitioner and the said CB were then residing at………..aforesaid, but was only prevented from so doing by the interference of FD, your petitioner's brother.
9. That subsequently on the following evening, the said CB in his said house at………………..aforesaid, struck your petitioner with a violent blow on her face.
10. That on one night in the month of May 2000 the said CB in ……….without provocation threw a knife at your petitioner thereby inflicting a severe wound on her right hand.
11. That in the afternoon of the ……….. day of……….. the cruel behaviour and mental torture of the respondent reached such a climax that your petitioner had no other alternative but to withdraw herself from and leave the house, and by reason of the continued cruelty practised on her she had to come also to the house of her father at………………and since then your petitioner has lived separate and apart from her husband and has never returned to his house or had cohabitation with him.
12. That your petitioner never condoned any of the acts of cruelty of the respondent and in any event even if there was any condonation (which is denied) each subsequent matrimonial offence or misconduct would revive all acts of cruelty.
13. That there is no collusion or connivance between your petitioner and her husband with respect to the subject of the present suit.
14. (State previous proceedings if any).
15. Your petitioner, therefore, prays that this (Hon'ble) Court might be pleased to pass a decree of judicial separation between your petitioner and the said CB and also order that the said CB do pay the costs of and incidental to the proceedings.
Signed AB
Verification
I, AB, wife of CB aged about…………….years by occupation service residing at……….do hereby solemnly affirm and say as follows:
I am the petitioner above-named and I know and I have made myself acquainted with the facts and circumstances of this case.
The statements in paragraphs 1 to 10 are true to my knowledge and belief.
I sign this verification on this………day of……….at the Court
House at……………….
Signature of AB
Before me Signature of Advocate
Notary