Format of Divorce Petition [CD1]
Mutual
Consent Divorce Petition format under
Section
13B of Hindu Marriage Act, 1955. This Petition can be filed if husband and wife
are agree to get Divorce.
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
DRAFT
FORMAT OF THE MUTUAL DIVORCE PETITION
BEFORE
THE PRINCIPAL JUDGE, FAMILY COURT AT ___________ HMA PETITION No._______ OF___
20__ IN THE MATTER OF:
(Name
and address of the Husband) : Petitioner
No.1
(AND)
(Name
and address of the wife) :
Petitioner No.2
PETITION
UNDER SECTION 13 (1) (i-b) OF THE HINDU MARRIAGE
ACT FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT
MOST
RESPECTFULLY SHOWETH:-
1. That
The marriage between the parties was solemnized on ______at _______, by Hindu
rites and ceremonies. The said marriage was consummated thereafter and the
parties co-habited as husband and wife at the matrimonial home i.e.
______________. The particulars showing the details of the parties to the
present petition is given hereunder:-
HUSBAND
BEFORE
MARRIAGE.
Age
Address Status
AFTER
MARRIAGE
Age
Address Status
WIFE
BEFORE
MARRIAGE
Age
Address Status
AFTER
MARRIAGE
Age
Address Status
2. That
there is one boy name____ Date of Birth ____ age____ out of the wedlock of the
parties. The parties mutually agreed to give custody of the child to Husband /
Wife.
3. That
the parties could not adjust with each other due to temperamental differences and
their marriage has broken down irretrievably and it is now not possible between
the parties live as husband and wife any more.
4. That
all the efforts of reconciliation between the parties to continue the present
marriage has failed and there are no further chances of reconciliation between
the parties any more.
5. That
the parties are residing separately since _____________ and there is no
cohabitation between the parties since then.
6. That
the parties have now decided to dissolve the marriage legally through a decree
of divorce on mutual consent. The parties have settled all their claims,
counter claims etc. and the respondent wife has received her entire Stridhan,
Permanent alimony, maintenance etc. and there is no due with regard to any
other claim between the parties now.
7. That
the party has decided to withdraw all the complaints, counter complaints
against each other.
8. That
the present petition is not being filed in collusion.
9. That
there are no other divorce proceedings pending before any other court.
10.
That the matrimonial home of the parties was
at ____________hence this court has the jurisdiction to grant the decree of
divorce as prayed for.
11.
That there are no legal impediments in grant
of the decree of divorce to the parties on the basis of mutual consent.
PRAYER
It
is most respectfully prayed that the court may accept the present petition and
grant a decree of divorce between the parties thereby, dissolving the marriage
between the parties.
Any
other order which the court may deem fit and proper in the facts and
circumstances of the present case be also passed in favour of the petitioners.
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 _________
MATRIMONIAL
CASE NO. __________ OF 20__
IN THE MATTER OF:
Mr.
ALU_________ PETITIO
NER
VERSUS
MRS. GOBI
__________
RESPONDENT
PETITION UNDER SECTION 9 OF HINDU
MARRIAGE ACT 1955 FOR RESTITUTION OF CONJUGAL RIGHTS
MOST
RESPECTFULLY SHOWETH:
The Petitioner, above named states as
under:
1.
That marriage of the Petitioner and the
Respondent was solemnized on __________ at ____________ according to Hindu
rites and ceremonies. The marriage was registered with the Registrar of
marriages at ___________. Certified copy of the extract from the concerned
register is attached herewith as Annexure P1.
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..
14. In
the facts and circumstances of case mentioned herein above this Hon'ble Court
may graciously be pleased to:
P R A Y E R
That the Petitioner, therefore, prays:
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
THROUGH
______________.,
Advocate Place :
Date :
VERIFICATION
I,
the above named petitioner, do hereby verify that the contents of this petition
in Para No ______ to Para No __________ are true to my personal knowledge and
those in Para No _____ to Para No
________
are believed by me to
be true.
Signed
and verified this _______ day of _______ 20 _______ at
_______
PETITIONER
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 _________
MATRIMONIAL
CASE NO. __________ OF 20__
IN THE MATTER OF:
Mr.
ALU_________
PETITIO
NER
VERSUS
MRS. GOBI
__________
RESPONDENT PETITION UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955 FOR
RESTITUTION OF CONJUGAL RIGHTS
MOST
RESPECTFULLY SHOWETH:
The Petitioner, above named states as
under:
1.
That marriage of the Petitioner and the
Respondent was solemnized on __________ at ____________ according to Hindu
rites and ceremonies. The marriage was registered with the Registrar of
marriages at ___________. Certified copy of the extract from the concerned register
is attached herewith as Annexure P1.
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..
14. In
the facts and circumstances of case mentioned herein above this Hon'ble Court
may graciously be pleased to:
P R A Y E R
That the Petitioner, therefore, prays:
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
THROUGH
______________.,
Advocate Place :
Date :
VERIFICATION
I, the above named petitioner, do hereby
verify that the contents of this petition in Para No ______ to Para No
__________ are true to my personal knowledge and those in Para No _____ to Para
No
________
are believed by me to
be true.
Signed
and verified this _______ day of _______ 20 _______ at
_______
PETITIONER
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