Divorce Petition by Hindu Wife on the Grounds of Cruelty [CD1]
IN THE FAMILY COURT BANDRA, MUMBAI
M.J. PETITION NO. ___ of ____ Smt. ___________, daughter of ___________, aged _______ years, residing at ___________
Petitioner.
Versus
XYZ, son of _________, _______ years of age, residing at _________, carrying on __________ business...... Respondent.
In the matter of dissolution of marriage under
Section 13 of the Hindu Marriage Act, 1956:
And
In the matter of the Family Courts Act, 1954;
And
In the matter of Divorce of the Petitioner with the
Respondent on grounds of cruelty.
TO,
THE HON''BLE PRINCIPAL JUDGE
AND OTHER JUDGES OF THIS HON''BLE COURT.
THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED
MOST RESPECTFULLY SHEWETH:
1. That the Petitioner and the Respondent were lawfully
married according to traditional Hindu Vedic rites on the ______ day of __02 at
the ______ in Mumbai. Hereto annexed and marked Exhibit 'A' is a copy of the
marriage certificate evidencing the said marriage.
2. The Petitioner and the Respondent are Hindu by birth
and they continue to be so.
3. After the said marriage, the Petitioner and the
Respondent cohabited and lived together at the Petitioner's house for about six
years. There were two issues out of this marriage viz. LML (son of ________
years of age) and HIJ (daughter of ___ years of age).
4. The Petitioner states that from the month of ___ 02,
the Respondent began to ill-treat the Petitioner, and from the month of
_____02, began to physically assault the Petitioner without any cause
whatsoever. For some time, the Petitioner made no complaint and underwent such
ill-treatment, hoping that the Defendant would see better sense. However, on or
about ____month of 02, the Respondent attacked the Petitioner with a stick and
inflicted serious injuries leading to multiple fractures in hand and leg of the
Petitioner. The Petitioner thereupon lodged a complaint at the ____ Police
Station, being complaint No. ___. The Petitioner craves leave to refer to and
rely upon a copy of the said complaint when produced.
5. The Petitioner says that as a result of the
aforesaid injury inflicted on the Petitioner by the Respondent, the Petitioner
had to be hospitalized for six days. The Petitioner craves leave to refer to
and rely upon the Medical Certificate issued by Dr. ____ who treated the
Petitioner at ______ Hospital.
6. The petitioner says that even thereafter, the
Respondent continued to treat the Petitioner in a cruel and violent manner. The
Petitioner says that such cruelty has cause an apprehension in the mind of the
Petitioner that it will be harmful and injurious for the Petitioner to continue
to live with the respondent.
7. There is no collusion or connivance between the Petitioner
and the Respondent in filing this Petition.
8. The Petitioner is claiming alimony @ Rs. ---- per
month from the Respondent.
9. No other proceedings with respect to the marriage
between the Petitioner and the Respondent have been filed in this Honorable
Court or in any other Court in India.
10. The Petitioner and the Respondent were married in
Mumbai and last cohabited in Mumbai within the territorial limits of the
jurisdiction to entertain, try and dispose of the present Petition.
11. The Petitioner being a lady is exempt from payment
of Court fees.
12. The Petitioner will rely on documents, a list
whereof is annexed hereto.
The Petitioner
therefore prays:
•
That this Honorable
Court be pleased to decree a dissolution of the said marriage between the
Petitioner and the Respondent;
•
That the Petitioner
be granted alimony @ Rs. _______/- per month;
•
That the Respondent
be ordered and decreed to pay to the Petitioner the costs of this Petition; and
•
In the alternate to
prayer (c) above, the Respondent be directed to give the Petitioner a sum of
Rs. ________/- so as to enable her to purchase suitable accommodation for
herself; • That pending the hearing and final disposal of this petition, the
Respondent be directed to provide the Petitioner with a monthly allowance of
Rs. ____/- to meet her personal expenses and the expenses of running the
matrimonial home;
•
For such further
and other reliefs as the nature and circumstances of the case may require.
Petition drawn by:
Mr. ABC,
Advocate, Sd/- Petitioner
High Court, Mumbai.
VERIFICATION
I,
___________, the Petitioner above named, do hereby solemnly declare and say
that what is contained in paragraphs _________ to __________ is true to my
knowledge and that what is state in paragraphs _______ to _______ is stated on
legal advice and I believe the same to be true.
______ day of ____02. Sd/- Before me,
Registrar/Superintendent
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