Format of Divorce Petition
Format of Divorce Petition
under Section 13B of Hindu Marriage Act 1955 to get divorce.
MUTUAL CONSENT DIVORCE
PETITION FORMAT
UNDER SECTION 13(1)(B) OF
HINDU MARRIAGE ACT 1955
IN THE MATTER OF:
(Name and address of the
Husband) : Petitioner No.1
(AND)
MOST RESPECTFULLY SHOWETH:-
Petition
for Restitution of Conjugal Rights format, to file Petition, when the
Petitioner is deserted by his partner. Conjugal Rights Restitution Petition can
be filed before the District Judge or other Judge who has Jurisdiction to deal
with the matter.
Format
of Petition for Restitution of Conjugal Rights can be filed by the affected
person who want to restitute his marriage life. This Petition can be filed when
one of the spouse desert the other and stay in another house willfully or due
to the coercion by another person.
Section
9 of Hindu Marriage Act, 1955 (HMA) provides for restitution of conjugal rights
(RCR). It states that if one of the spouses abandons the other without any
reasonable cause, the aggrieved party has a legal right to file a petition in
the matrimonial court for restitution of conjugal rights. Restitution means
that something has broken is being restored to its original position; thereby,
in the context of marriage, it implies that one of the spouses has withdrawn
from the society of the other spouse, i.e. refused to cohabit with the other
spouse, under this provision, the aggrieved spouse can file a a Petition of
RCR. Format of Petition for Restitution of Conjugal Rights is given below:
IN
THE COURT OF THE _____________ JUDGE AT _________
IN
THE MATTER OF:
VERSUS
PETITION
UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955 FOR RESTITUTION OF CONJUGAL RIGHTS
The Petitioner,
above named states as under:
2.
That the status and place of residence of the Parties to the marriage before
the marriage and at the time of filing this petition is given as under:
i)
Place of residence before the Marriage
ii)
Place of residence at the time of filing the Petition
3.
That from this marriage, the couple has been blessed with one boy aged 4 years
and one girl child aged 2 years.
4.
That the Petitioner and his wife were living together happily at our house.
That on _______ the respondent went to her fathers house at _______. She gave
word to return within 15 days, but she did not abide by her word and has not
returned so far. The Respondent without any reasonable excuse, living in the
house of her father.
5.
That the petitioner went to his father-in-laws house at_______ to bring the
respondent, a number of times, but on one pretext or the other, she declined to
come along with the petitioner to his house.
6.
That lastly the petitioner went to the house of the respondents father at
_______ on _______ and asked the respondent to return with him, but she refused
to come.
7.
That the respondent deserted the petitioner or/and has withdrawn from his
company without any reasonable or lawful excuse. Hence the necessity for the
petition arose.
8. The Petition is not being presented in collusion with the Respondent.
9.
The Petition is being presented without any unnecessary or improper delay on
the part of the Petitioner.
10.
There is no other legal ground as to why the decree of restitution of conjugal
rights be not granted in favour of the Petitioner.
11.
That no litigation has taken place between the parties to the Petition earlier.
12.
This Hon'ble Court has jurisdiction to entertain and try this Petition as the
marriage was solemnized at ____________ the parties last resided together at
_____________ and even presently the respondent is residing within the
Jurisdiction of this Hon'ble Court.
13.
That the cause of action accrued to the petitioner against the respondent,
within the jurisdiction of this Court, on _______ when the respondent left for
her fathers house at _______ and it continues to accrue from day to day till
the respondent comes back to the home of the petitioner and resumes his
company..
P R
A Y E R
a)
for grant of decree for restitution of conjugal rights in favour of Petition
and against the respondent; and
b)
Any other relief or reliefs which the court may deem proper under the
circumstances be also awarded to the petitioner.
PETITIONER
Place
:
Date
:
VERIFICATION
PETITIONER
Format of Petition for Restitution of Conjugal Rights can be filed by the affected person who want to restitute his marriage life. This Petition can be filed when one of the spouse desert the other and stay in another house willfully or due to the coercion by another person.
Section 9 of Hindu Marriage Act, 1955 (HMA) provides for restitution of conjugal rights (RCR). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. Restitution means that something has broken is being restored to its original position; thereby, in the context of marriage, it implies that one of the spouses has withdrawn from the society of the other spouse, i.e. refused to cohabit with the other spouse, under this provision, the aggrieved spouse can file a Petition of RCR. Format of Petition for Restitution of Conjugal Rights is given below:
IN
THE COURT OF THE _____________ JUDGE AT _________
IN
THE MATTER OF:
VERSUS
PETITION
UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955 FOR RESTITUTION OF CONJUGAL RIGHTS
The
Petitioner, above named states as under:
2.
That the status and place of residence of the Parties to the marriage before
the marriage and at the time of filing this petition is given as under:
i)
Place of residence before the Marriage
ii)
Place of residence at the time of filing the Petition
3.
That from this marriage, the couple has been blessed with one boy aged 4 years
and one girl child aged 2 years.
4.
That the Petitioner and his wife were living together happily at our house.
That on _______ the respondent went to her fathers house at _______. She gave
word to return within 15 days, but she did not abide by her word and has not
returned so far. The Respondent without any reasonable excuse, living in the
house of her father.
5.
That the petitioner went to his father-in-laws house at_______ to bring the
respondent, a number of times, but on one pretext or the other, she declined to
come along with the petitioner to his house.
6.
That lastly the petitioner went to the house of the respondents father at
_______ on _______ and asked the respondent to return with him, but she refused
to come.
7.
That the respondent deserted the petitioner or/and has withdrawn from his
company without any reasonable or lawful excuse. Hence the necessity for the
petition arose.
8. The Petition is not being presented in collusion with the Respondent.
9.
The Petition is being presented without any unnecessary or improper delay on
the part of the Petitioner.
10.
There is no other legal ground as to why the decree of restitution of conjugal
rights be not granted in favour of the Petitioner.
11.
That no litigation has taken place between the parties to the Petition earlier.
12.
This Hon'ble Court has jurisdiction to entertain and try this Petition as the
marriage was solemnized at ____________ the parties last resided together at
_____________ and even presently the respondent is residing within the
Jurisdiction of this Hon'ble Court.
13.
That the cause of action accrued to the petitioner against the respondent,
within the jurisdiction of this Court, on _______ when the respondent left for
her fathers house at _______ and it continues to accrue from day to day till
the respondent comes back to the home of the petitioner and resumes his
company..
PRAYER
a)
for grant of decree for restitution of conjugal rights in favour of Petition
and against the respondent; and
b)
Any other relief or reliefs which the court may deem proper under the
circumstances be also awarded to the petitioner.
PETITIONER
Place
:
Date
:
VERIFICATION
PETITIONER
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