PETITION FOR JUDICIAL
SEPARATION [CD1]
IN THE DISTRICT COURT AT....................
........................................................................
Petitioner
versus
.....................................................................
Respondent
Petition for a
judicial separation under Section 10 of the Hindu Marriage Act, 1955 (No. 25 of
1955).
The petitioner
prays as follows: —
1.
A marriage was solemnized
between the parties on.................... at .................... A certified
extract from the Hindu Marriage Register/an affidavit duly attested is filed
herewith.
2.
The status and place of
residence of the parties to the marriage before the marriage (i) Before marriage
(ii) At the time
of filing the petition
Husband Wife
Status Status
Age Age
Place of Residence Place
of Residence
[Whether
a party is a Hindu by religion or not is a part of his or her status.]
3. [In this paragraph particulars and place(s) of co-habitation as
husband and wife and the children from the marriage, if any, may be given. The
date and place of birth and name and sex of each child and the fact whether
alive or dead should also be stated].
4. The respondent has.................... [any one or more of the
grounds specified in Section 10 may be pleaded here. The matrimonial offences
charged should be set in separate paragraphs with the times and places of their
alleged commission. The facts on which the claim to relief is founded should be
stated as distinctly as the nature of the case permits. If adultery is pleaded
the petitioner should give particulars, as nearly as he can, of the acts of
adultery alleged to have been committed].
5. [Where the ground of petition is the ground specified in Section
13(l)(i), the petitioner should state that
he has not in any manner been accessory to or connived at or condoned the
act(s) complained of].
6. [Where the ground of petition is cruelty]. The petitioner has not in
any manner condoned the cruetly.
7. The petition is not presented in collusion with the respondent.
8. There has not been any unnecessary or improper delay in filing this
petition.
9. There is no other legal ground why the relief should not be granted.
10. 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) |
|
|
|
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(iv) |
|
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11. The marriage was solemnized
at........................................
Or
The husband and
wife resided at........................................
Or
The husband and
wife last resided together at.................... within the local limits of
the ordinary original civil jurisdiction of this Court.
12. 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 best of the petitioner’s information and
belief.
Verified on
this................. day of.................... 19....................
at....................
Place.................... Petitioner
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