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PETITION FOR DISSOLUTION OF MARRIAGE

← Legal Draft & Format
Matrimonial⇩ Download RTF Format

PETITION FOR DISSOLUTION OF MARRIAGE

IN THE DISTRICT COURT AT………………..

……………………………………………………………… Petitioner

versus

…………………………………………………………… Respondent

Petition for dissolution of marriage by a decree for divorce under Section 13 of the Hindu Marriage Act, 1955 (No. 25 of 1955).

The petitioner prays as follows: —

1. A marriage was solemnized between the parties on……………….. at

……………….. A certified extract from the Hindu Marriage Register/an affidavit, duly attested, is filed herewith.

2. The status and place of residence of the parties to the marriage before the marriage

(i) Before marriage

(ii) At the time of filing the petition

[Whether a party is a Hindu by religion or not is a part of his or her status].

3. [In this paragraph particulars and place(s) of co-habitation as husband and wife and the children from the marriage, if any, may be given. The date and place of birth and name and sex of each child and the fact whether alive or dead should also be stated].

4. The respondent……………….. [One or more of the grounds specified in Section 13 may be pleaded here. The facts on which the claim to relief is founded should be stated as distinctly as the nature of the case permits. If adultery is pleaded the petitioner should give particular as nearly as he can, of the acts of adultery alleged to have been committed. The matrimonial offences charged should be set in separate paragraphs with the times and places of their alleged commission. If the ground specified in clause (viii) of Section 13(1) is pleaded the petition should be accompanied by an affidavit of the petitioner to the effect that he or she has not resumed co-habitation for a period of one year or upwards of the passing of the decree for judicial separation).

5. [Where the ground of petition is the ground specified in clause (i) of subsection (1) of Section 13 the petitioner has not in any manner been accessory to or connived at or condoned the act(s) complained of].

6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelly.

7. Any other ground mentioned in Section 13.

8. The petition is not presented in collusion with the respondent.

9. There has not been any unnecessary or improper delay in filing this petition.

10. There is no other legal ground why relief should not be granted

11. There has not been any previous proceedings with regard to the marriage by or on behalf of any party.

OR

There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: —

Serial No.|Name of Parties|Name of Proceedings with section of the Act|Number and date and year of the case|Name and location of the court|Result

|

(i)||||||

(ii)||||||

(iii)||||||

(iv)||||||

12. The marriage was solemnized/the husband and the wife reside/ the husband and wife last resided together at……………….. within the limits of the ordinary original civil jurisdiction of this Court.

13. The petitioner, therefore, prays that the marriage between the petitioner and the respondent may be dissolved by a decree of divorce.

Petitioner

VERIFICATION

The abovenamed petitioner states on solemn affirmation that Paras……………… to……………….. of the petition are true to the best of the petitioner’s information and belief.

Verified on this…………….. day of……………….. 19……………….. at………………..

Place……………….. Petitioner

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