PETITION FOR JUDICIAL SEPARATION SPECIAL MARRIAGE ACT [CD1] 

 

 

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

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

versus 

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

Petition for judicial separation under Section 23 of the Special Marriage Act, 1954 (No. 43 of 1954) The petitioner prays as follows: —

1.            The petitioner is the husband/wife of the respondent. The marriage between the parties was solemnized/registered under Chapter II/Chapter HI of Act the Act by the Marriage Officer of.................... 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 the time of filing the petition were as follows:

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.................... (any one or more of the grounds available for judicial separation may be pleaded here. The matrimonial offences charged should be set in separate paragraphs with time and places of their alleged commission. 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 convinced at or condoned the adultery.

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

7.     Where has not been any unnecessary or improper delay in filing the petition.

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

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

10.  There has not been any previous proceedings with regard to the marriage by or on behalf of the parties.

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)

 

 

 

 

 

 

11.  The marriage was solemnized at........................................

The parties last resided together at........................................

The parties are now residing at........................................

(within the local limits of the ordinary original jurisdiction of this Court).

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

13.  The petitioner, therefore, prays for a decree for judicial separation against the respondent. 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

 

 

 [CD1]PETITION FOR JUDICIAL SEPARATION SPECIAL MARRIAGE ACT