PETITION FOR DIVORCE [CD1] 

 

 

IN THE DISTRICT COURT AT....................

........................................................................ Petitioner

versus 

..................................................................... Respondent

Petition for divorce under Section 27 of the Special Marriage Act, 1954 (No. 43 of 1954).

The petitioner prays as follows: —

1.  The petitioner is the husband/wife of respondent. The marriage between the parties was solemnized/registered under Chapter II of the Act by the Marriage Officer of Chapter II.................... at.................... on.................... A certified copy of the certificate of marriage is attached with this petition.

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

Husband                                                                                                        Wife

Status                                                                                                              Status

Age                                                                                                                  Age

Place of Residence                                                                                         Place of Residence

 

(i)   Before marriage

(ii)  At the time of filing the petition

 

3.     (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages).

4.     The respondent has.................... (one or more of the grounds specified in Section 27 of the Act may be pleaded there. The facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits).

5.     (Where the ground of petition is adultery). The petitioner has not in any manner been accessory to or connived at or condoned the adultery.

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

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

8.     There has not been any unncessary or improper delay in instituting the proceedings.

9.     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)

 

 

 

 

 

 

10.  (In petition by a husband for divorce on the ground of adultery where damages are claimed against the co-respondent, grounds on which the claim to damages is founded should be fully and clearly-stated and the amount claimed and the mode of assessment should be specified).

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

12.  The marriage was solemnized at....................... The husband and wife reside at....................... The husband and wife last resided together at..................... (within the local limits of the jurisdiction of this Court).

OR

(Where the petition is by a wife domiciled in the territories of India except the State of Jammu and Kashmir). The petitioner is resident within the territories of India except the State of Jammu and Kashmir and has been ordinarily resident therein for a period of three years immediately preceding the presentation of this petition and the respondent is not resident in the said territories. (Give particulars according to the Rules).

13.  The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition.

14.  The petitioner, therefore, prays that he may be granted a decree of divorce against the respondent, and (to be scored out if unnecessary may further be granted a decree for recovery of Rs..................... as damages against the adulterer correspondent.

Petitioner 

VERIFICATION

The abovenamed petitioner states on solemn affirmation that Paras................. to.................... of the petition are true to the petitioner’s knowledge and paras .................... to.................... are true to the petitioner’s information received and believed to be true by him.

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

Place.................... Petitioner

Where in a divorce petition wife took up a plea and also led evidence that petitioner husband was interested in getting married with another girl but fact was not proved, it would not mean that allegation was false which could amount to cruelty.4

Once ingredients of Section 13B of Hindu Marriage Act are satisfied, court has no other option except to accept the prayer for dissolution of marriage by decree of divorce.5

Cruelty cannot be judged from a solitary incident but on an overall consideration of all relevant circumstances.6

The party seeking divorce on the ground of desertion is required to show that she was not taking the advantage of his or her own wrong.7

4.  Hema Reddy v. Rakesh Reddy, 2002 (2) CCC 227 (A. P).

5.  K. S. Subrumanian v. V. Vasanthi Devi, 2002 (2) CCC 153 (Mad. ).

6.  G. V. N. Kameswara Rao v. G. Jabilli, AIR 2002 SC 576.

7.  Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591.

 

 

 [CD1]PETITION FOR DIVORCE