Matrimonial
Petitions under HMA, Special Marriage, Divorce Act [CD1] 
Hindu
Marriage Act, Divorce, Maintenance, Restitution of Conjugal Rights
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.
Petitioner No.1
Petitioner No.2
Note
Mutual
consent Divorce Petition draft should be annexed with the following documents:
1. Affidavit
of both the parties.
2. Joint
photographs of parties at the time of marriage
3. Proof
of residence of both the parties
4. Proof
of identity of both the parties
IN THE COURT OF THE _____________ JUDGE
AT _________ MATRIMONIAL CASE NO. __________ OF 20__
IN
THE MATTER OF:
Mr. ALU_________
PETITIONER
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
IN
THE COURT OF THE _____________ JUDGE AT _________
MATRIMONIAL CASE NO. __________ OF 20__
IN
THE MATTER OF:
MR. HUS_________
PETITIONER
VERSUS
MRS. WIF __________
RESPONDENT
PETITION FOR DECREE OF
NULLITY OF MARRIAGE UNDER SECTION 12 OF HINDU MARRIAGE ACT
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 P-1.
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
the marriage has not been consummated.
4. That
the Petitioner and his wife were living together happily at the matrimonial
house. That the Petitioner recently found that the Respondent was pregnant from
another person Mr __________ aged _____________ d/o _________________ Resident
of ____________________ The Respondent
at the time of marriage did not disclose her relationship with Mr.
___________and kept the Petitioner blank.
5. The
Petition is not being presented in collusion with the Respondent.
6. The
Petition is being presented without any unnecessary or improper delay on the
part of the Petitioner.
7. There
is no other legal ground as to why the decree prayed for should be not granted
in favour of the Petitioner.
8. That
no litigation has taken place between the parties to the Petition earlier.
9. 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.
10.
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 of Divorce in her favour
and against the Respondent and declare the marriage as null and void; 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, Hus, state on solemn affirmation that
whatever contained in paragraphs ____ to Para No __________ of the Petition is
true to my own knowledge and that whatever contained in paragraphs No _____ to
Para No ________ is based on information received and believed to be true to
me.
Signed and verified this _______ day of
_______ 20 _______ at _______
PETITIONER
IN
THE COURT OF THE _____________ JUDGE AT _________
MATRIMONIAL CASE NO. __________ OF 20__
IN
THE MATTER OF:
Mr.
AA_________
PETITIONER VERSUS
MRS. GG __________
RESPONDENT
PETITION FOR JUDICIAL
SEPARATION UNDER SECTION 10 OF HINDU MARRIAGE ACT
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 6 years and
one girl child aged 3 years. That the
Children is living with the Respondent.
4. That
the Petitioner and his wife were living together happily at the matrimonial
house. That on _______ the Petitioner was introduced to a person by his friend.
During the conversation it was found that the Respondent is already marred to a
third person. The Respondent while marrying the Petitioner not revealed this
fact and kept the Petitioner blank.
5. That
on _____ first husband of the Respondent reached the house of Petitioner and
demanded to send Respondent with him. That on the same day Respondent along
with two children have gone with her former husband.
6. That
the petitioner has not in any manner condoned the acts complained of or
connived.
7. The
Petition is not being presented in collusion with the Respondent.
8. The
Petition is being presented without any unnecessary or improper delay on the
part of the Petitioner.
9. There
is no other legal ground as to why the decree prayed for should be not granted
in favour of the Petitioner.
10.
That no litigation has taken place between
the parties to the Petition earlier.
11.
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.
12.
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 of Judicial Separation 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
Format
of Affidavit to be filed along with Petition for Judicial Separation by the
person who want to get Judicial separation through court.
IN
THE COURT OF THE _____________ JUDGE AT _________
MATRIMONIAL
CASE NO. __________ OF 20__ IN THE MATTER OF:
Mr.
AA_________
PETITIONER
VERSUS
MRS.
GG __________
RESPONDENT
AFFIDAVIT
I,
_______ Mr. / Ms. ___________ aged ____years, Occupation_______, the
Petitioner, solemnly affirm and say as under:
1.
That I am the Petitioner in the accompanying
Petition under Section ____ of Hindu Marriage Act and well-acquainted with the
facts of the case.
2.
That I have gone through the contents of the
accompanying Petition. I reaffirm the contents of the Petition, which are not
being repeated here, for the sake of brevity.
3.
That the Petition is not being presented or
prosecuted in collusion with the Respondent.
4.
That the Petitioner has not, in any manner,
been accessory to or connived at the act or acts complained of. That on _______
the Petitioner was introduced to a person by his friend. During the
conversation it was found that the Respondent is already marred to a third
person. The Respondent while marrying the Petitioner not revealed this fact and
kept the Petitioner bank. That on _____ first husband of the Respondent reached
the house of Petitioner and demanded to send Respondent with him. That on the
same day Respondent along with two children have gone with her former
husband.
5.
The Petition is being presented without any
unnecessary or improper delay on the part of the Petitioner.
6.
There is no other legal ground as to why the
decree prayed for should be not granted in favour of the Petitioner.
Signed
at___________ this _______ day of _______ 20 _______
DEPONENT
VERIFICATION
I,
the above named Deponent, do hereby verify on oath that the contents of the
affidavit above are true to my personal knowledge and nothing material has been
concealed or falsely stated therein.
verified
at ________ this _______ day of _______ 20 _______
DEPONENT
Format
of Petition for Decree of Nullity of Marriage under section 11 of HMA to
declare marriage as null and void, when the Petition satisfies grounds for
Nullity of Marriage.
IN
THE COURT OF THE _____________ JUDGE AT _________
MATRIMONIAL CASE NO. __________ OF 20__
IN
THE MATTER OF:
MRS. WIF_________
PETITIONER
VERSUS
MR. HUS __________
RESPONDENT
PETITION
FOR DECREE OF NULLITY OF MARRIAGE UNDER SECTION 11 OF HINDU MARRIAGE ACT
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 girl child aged 4
years and one boy aged 2 years. That
the Children is living with the Respondent.
4. That
the Petitioner and his wife were living together happily at the matrimonial
house. That recently the Petitioner learnt that the respondent had a spouse
living at the time of present marriage. The Respondent was
already
married to Mrs __________ aged _____________ d/o _________________ Resident of
____________________ The Respondent at
the time of marriage not revealed this fact and kept the Petitioner blank.
5. The
Petition is not being presented in collusion with the Respondent.
6. The
Petition is being presented without any unnecessary or improper delay on the
part of the Petitioner.
7. There
is no other legal ground as to why the decree prayed for should be not granted
in favour of the Petitioner.
8. That
no litigation has taken place between the parties to the Petition earlier.
9. 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.
10.
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 of Divorce in her favour
and against the Respondent and declare the marriage as null and void; 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, Wif, state on solemn affirmation that
whatever contained in paragraphs ____ to Para No __________ of the Petition is
true to my own knowledge and that whatever contained in paragraphs No _____ to
Para No ________ is based on information received and believed to be true to
me.
Signed and verified this _______ day of
_______ 20 _______ at _______
PETITIONER
Format
of Petition for Decree of Divorce under Section 13(1)(ia) to get divorce when
the Petitioner was treated with Cruelty by the Respondent.
IN
THE COURT OF THE _____________ JUDGE AT _________
MATRIMONIAL CASE NO. __________ OF 20__
IN
THE MATTER OF:
MRS. WI_________
PETITIONER
VERSUS
MR. HU __________ RESPONDENT
PETITION FOR DECREE OF
DIVORCE UNDER SECTION 13(1)(ia) OF HINDU MARRIAGE ACT, 1955
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 P-1.
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 the the marriage ______ couple has been blessed with one boy aged 3 years.
4. That
the Petitioner and his wife were living together happily at the matrimonial
house. That on _______ husband of the Petitioner has expelled the Petitioner
after merciless beatings, when she questioned him about his drunken nature and
misusing of money for drinking liquor with his friends.
5. The
Petition has not in any manner necessary to or condoned the acts complained of
or connived at, but the Respondent is treating the Petitioner with cruelty
after immediately after two weeks of solemnization of the marriage.
6. The
Petition is not being presented in collusion with the respondent.
7. The
Petition is being presented without any unnecessary or improper delay on the
part of the Petitioner.
8. There
is no other legal ground as to why the decree prayed for should be not granted
in favour of the Petitioner.
9. That
no litigation has taken place between the parties to the Petition earlier.
9.
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.
10.
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 of Divorce in favour of Petitioner 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, WI, state on solemn affirmation that
whatever contained in paragraphs ____ to Para No __________ of the Petition is
true to my own knowledge and that whatever contained in paragraphs No _____ to
Para No ________ is based on information received and believed to be true to
me.
Signed and verified this _______ day of
_______ 20 _______ at _______
PETITIONER
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