Divorce Petition Draft
CRIMINAL COMPLAINT NO. ______ OF 20__
IN THE COURT OF HON’BLE PRINCIPAL JUDGE FAMILY COURT,
DELHI.
PETITION No. ________
OF 20XX
In the matter of:-
SH.
ABC ...PETITIONER
VERSUS
SMT.
XYZ ...RESPONDENT
INDEX
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Sr.
No. |
Particulars
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Court Fee
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Pages
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1. |
Memo
of Parties. |
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2. |
Petition
for Divorce. |
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3. |
Affidavit
in support. |
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|
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4. |
List
of documents. |
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|
|
5. |
Vakalatnama.-- |
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DELHI. PETITIONER
DATED THROUGH
COUNSEL
IN THE COURT OF HON’BLE PRINCIPAL JUDGE FAMILY COURT,
DELHI.
PETITION No. ________
OF 20XX
In the matter of:-
SH.
ABC ...PETITIONER
VERSUS
SMT.
XYZ ...RESPONDENT
MEMO OF PARTIES
SH.
ABC
S/O.
XXXX
R/O
H.NO. XXXXX
...PETITIONER
VERSUS
MS.
XYZ
W/O
SH. XXXXX
D/O
SH. XXXXXX
R/O
H.NO. XXXXX
...RESPONDENT
DELHI. PETITIONER
DATED THROUGH
COUNSEL
IN THE COURT OF HON’BLE PRINCIPAL JUDGE FAMILY COURT,
DELHI.
PETITION No. ________
OF 20XX
In the matter of:-
SH.
ABC ...PETITIONER
VERSUS
SMT.
XYZ ...RESPONDENT
PETITION
FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE UNDER SECTION 13 (1) (ia) OF
THE HINDU MARRIAGE ACT 1955, AS
AMENDED UP TO DATE.
`````````````````````````````````````````````````````````````````````````````
Hon’ble
sir,
The
above named petitioner submits as under:-
1.
That a marriage was solemnized between the
parties according to the Hindu rites and ceremonies on XX.XX.XXXX in XXX. The
affidavit duly attested to this effect is attached herewith.
2.
That the status, age and place of residence
of the parties to the marriage, before the marriage and at the time of filing
the present petition were/are as follows :
HUSBAND
Before marriage
Status
Age Place of
residence
Hindu
Bachelor XX
years H.No. XXXXX
__________________________________________________
At the time of filing
the petition
Status
Age Place of
residence
Hindu
Married XX years H.No. XXXX
__________________________________________________
WIFE
Before
marriage
Status
Age Place of residence
Hindu
Virgin XX years XXXXXXXXX
__________________________________________________
At the time of filing
the petition
Status Age Place of residence
Hindu
Married XXX years H.No. XXXXXX
3.
That after
the marriage, the parties lived and cohabited together as husband and wife at (Address)
with their parents. However, after six months of marriage due to atrocities and
cruelties inflicted by the respondent upon the petitioner and his family
members, petitioner was forced to live separately from his old aged parents and
unmarried sister, which will cause grave mental torture, pain and agony to the
petitioner and his family members.
4.
That it is pertinent to mention here that due
to the continuous torturous act of respondent and inimical attitude of
respondent, and in order to save his matrimonial ties with respondent,
petitioner shifted in rented accommodation at (Address) apart from their
parents. It is pertinent to mention here that the marriage was duly consummated
and out of the said wedlock two daughters were born namely (Name of the child) was born on (DOB) and younger daughter namely (Name of the second child) was born on (DOB).
5.
That the petitioner has never raised any kind
of dowry demands from the respondent and her family members at any point of
time. The petitioner had not caused any kind of harassment either physically or
mentally to the respondent at any point of time.
6.
That the respondent had entered into the
matrimonial home where she was heartedly and cordially welcomed with great pomp
and show by the petitioner and his family members.
7.
That the petitioner had always given the
congenial and favorable environment to the respondent for establishing the
happy and prosperous matrimonial life. The petitioner had always satisfied the
basic and luxurious need of the respondent within his financial capacity and
capability. The petitioner had also followed the sincere advice of respondent
for establishing happy and prosperous matrimonial life and a happy home.
8.
That initially behavior of respondent was
good towards the petitioner but gradually she became negligent and rude towards
the petitioner and his parents. The petitioner tried his level best to make
respondent understand her responsibility towards her matrimonial house and the
petitioners parents and family, but all in vain as according to the respondent
she was not prepared to live along with parents of petitioner. It is pertinent
to mention here that whenever the parents and family members of petitioner came
to meet the couple at their home than the respondent insulted her in laws and
other family members. She picked up quarrels with the petitioner and other
family members of petitioner on very meager issue without any sufficient cause.
It is submitted that petitioner in order to pacify the matter always made
efforts to make the situation stable between the respondent and himself by
making the respondent understand about her moral as well as matrimonial
responsibility towards the petitioner and his family, but the respondent never ready
to listen to the petitioner. (Description of matrimonial life)
9.
That it is submitted that whenever the
petitioner asked the respondent to prepare food and for other household work,
the respondent always responded in negative and used to shout at petitioner by
saying that she was not a servant in house and she had not come to the house of
petitioner to cook food and wash clothes and she straight away used to refuse
to help in household work. She rather used to say “MAINE KABHI APNE GHAR MEIN KAAM NAHI KIYA, MUJHE KAAM KARNE KI ADAT
NAHI HAI” ….. (allegation/reason for divorce)
10.
(You can
write your matrimonial disputes between the parties before and after changes)
11.
That the
Respondent had made clear to the Petitioner that if the Petitioner and his
other family members will try to create any kind of hindrance and obstruction
in the living style and life of the Respondent then the Petitioner and his
other family members will have to face the dire consequences which can not be imagined
by the Petitioner and his other family members.
12.
That comprehensive appraisal of the entire
matrimonial life span of the petitioner and the respondent clearly shows that
the couple are not in good terms and were continuously leading a quarrelsome , mentally
disturbed life and keeping in view the respondent mental behavior pattern ,
psychological conditions, human values and cultural value system, social value, sustained
unjustifiable abusive and humiliating, non cooperative attitude has lead to
irreconcilable differences with a result that in the ordinary language one can
easily say that marriage bond is now beyond repair.
13.
That the
petitioner is tolerating and bearing the physical and mental torture and
atrocities committed by the respondent
since inception of marriage and also bearing the threats of the
respondent to falsely implicate the petitioner and his other family members
in false cases and to liquidate the life of the petitioner and his family
members only to save his matrimonial life.
14.
That no any other similar petition has been
filed in any of the court of law and there is no other legal ground why the
relief should not be granted.
15. That the marriage was solemnized at Delhi
and both the parties to the marriage resided together as husband and wife at
Delhi and the matrimonial home of the parties to the suit lies within the
limits of the ordinary civil jurisdiction of this Hon’ble court and the
requisites court fee has been affixed on this petition.
PRAYER:
In the above mentioned
circumstances, it is therefore most respectfully prayed that the marriage
between the parties may very kindly be dissolved by a decree of divorce on the
basis of grounds of cruelty as provided under the law.
Pass any other order in favour of the petitioner, which this Hon’ble
court deem fit and proper in the given facts and circumstances, in the interest
of justice.
It
prayed accordingly
DELHI. PETITIONER
DATED THROUGH
COUNSEL
VERIFICATION:
I the above named petitioner state on solemn
affirmation that paras 1 to __of the petition are true and correct to our
knowledge and those of paras ___to ___are true to the information received and
believed to be true by and the last para is prayer to this Hon’ble court.
Verified at Delhi on
this day of (Month), 20XX.
PETITIONER
IN THE COURT OF HON’BLE PRINCIPAL JUDGE FAMILY COURT,
DELHI.
PETITION No. ________
OF 20XX
In the matter of:-
SH.
ABC ...PETITIONER
VERSUS
SMT.
XYZ ...RESPONDENT
AFFIDAVIT
I, ABC S/O XXXXX R/O XXXXXXXXXXXXX, hereby solemnly affirm and declare as under:-
1.
That the deponent is the petitioner in the
above named petition and is fully conversant with the facts and circumstances
of the case.
2.
That the accompanying petition has been
drafted by my counsel under my instructions and contents have been read over
and explained to me in my vernacular, which I have understood and are true and
correct.
Deponent
Verification:
Verified at Delhi on
the day of (Month) 20XX that the
contents of the above affidavit are true and correct and nothing has been
concealed there from.
Deponent
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