Petition
for a judicial separation by reason of cruelty [CD1]
(See section 22)
In the High Court of……..
To the Hon'ble Mr. Justice (or To the
Judge of……..)
The humble petition of AB (wife of
CB) of………………………………..
Sheweth:
1. That at all material times the parties to the above proceedings were
Christian by birth and religion and domiciled in India.
2. That on the……..day of………………your petitioner, then AD (spinster), was
lawfully married to CB according to law governing them and the said marriage is
still subsisting.
3. That there is no issue of the said marriage.
4. That ever since her said marriage, your petitioner lived and resided
with her said husband all along except short stays outside at…………..within the
jurisdiction of this court until the……….day of…………..when your petitioner's said
husband wrongfully separated from and deserted her as hereinafter more particularly
mentioned.
5. That the married life of your petitioner was most unhappy ever since
and throughout the marriage as the said CB forced her to do all sorts of menial
work in the house against her wish and desire and on failure or refusal thereof
he insulted her, behaved roughly, habitually misconducted himself towards her
and treated your petitioner with great harshness, negligence and cruelty,
frequently abusing her in the coarsest and most insulting language and beating
her at times violently with kicks and blows, sometimes with a cane, or with
some other weapon.
6. That some particulars of harshness, neglect and cruelty are inter
alia as follows:
7. Throughout their married life and without any exception the said CD
by words and deeds made it quite clear that he had no heart nor any love and
affection for her but married simply for enriching himself with the wealth of
her parents.
8. That one evening in or about the month of the said CD tried to kick
her out of the house in which your petitioner and the said CB were then
residing at………..aforesaid, but was only prevented from so doing by the
interference of FD, your petitioner's brother. 9. That subsequently on the
following evening, the said CB in his said house at………………..aforesaid, struck
your petitioner with a violent blow on her face. 10. That on one night in the
month of May 2000 the said CB in ……….without provocation threw a knife at your
petitioner thereby inflicting a severe wound on her right hand. 11. That in the
afternoon of the ……….. day of……….. the cruel behaviour and mental torture of
the respondent reached such a climax that your petitioner had no other
alternative but to withdraw herself from and leave the house, and by reason of
the continued cruelty practised on her she had to come also to the house of her
father at………………and since then your petitioner has lived separate and apart from
her husband and has never returned to his house or had cohabitation with him.
12. That your petitioner never condoned any of the acts of cruelty of
the respondent and in any event even if there was any condonation (which is
denied) each subsequent matrimonial offence or misconduct would revive all acts
of cruelty.
13. That there is no collusion or connivance between your petitioner and
her husband with respect to the subject of the present suit.
14. (State previous proceedings if any).
15. Your petitioner, therefore, prays that this (Hon'ble) Court might be
pleased to pass a decree of judicial separation between your petitioner and the
said CB and also order that the said CB do pay the costs of and incidental to
the proceedings.
Signed
AB
Verification
I, AB, wife of
CB aged about…………….years by occupation service residing at……….do hereby
solemnly affirm and say as follows:
I am the
petitioner above-named and I know and I have made myself acquainted with the
facts and circumstances of this case.
The statements in paragraphs 1 to 10 are
true to my knowledge and belief.
I sign this verification on this………day
of……….at the Court
House at……………….
Signature of AB
Before me
Signature of Advocate
Notary
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