IN THE COURT OF HON’BLE ___________.
HMOP No.__________ OF _____
-----cause title------
PETITION UNDER SECTION 13 OF THE HINDU
MARRIAGE ACT, ______ FOR DISSOLLUTION OF THE MARRIAGE BY A DECREE OF DIVORCE
The petitioner
respectfully submits as under:-
1. That
the petitioner was married with the respondent on ___________ at ______________
according to Hindu rites and ceremonies in the presence of friends, relatives
and family members of both the parties. An affidavit to this effect is enclosed
herewith the petition.
2. That
the status of the parties before the marriage and at the time of filing the
present petitioner were/are as under PETITIONER RESPONDENT Status of
Residence.
i) Before Marriage
___________________ ________________________
ii) At the time
of filing of this Petition __________________________
3.
That after the marriage the petitioner and the respondent lived together as
husband and wife and consummated their marriage at the residence of the
respondent and out of the said wed lock one child namely ___________ alias
__________ was born on ____________.
4.
That from the very begining of the marriage the behaviour of the respondent was
not good towards petitioner. The respondent is habitual of daily drinking and
gambling /Lottery and after drinking the respondent always used to give
merciless beatings to the petitioner. The respondent used to spent all his
earnings on taking liquor and gambling. The respondent pressurized the
petitioner to bring the amount of Rs. ____________/- from her parents and when
the petitioner refused to bring the amount then the respondent gave merciless
beatings to the petitioner. The parents of the petitioner gave the amount of
Rs. _____________/- and Rs. ____________/- to the respondent on two occasions
but the respondent did not mend his ways rather he continuously tortured the
petitioner to bring more money from her parents. The respondent always taunted
the petitioner by giving abusive and unparliamentary language without any cause
in the presence of relatives and friends. The life of petitioner became like a
hell due to the respondent’s behaviour.
5.
That although the parents of the respondent arranged a very decent marriage
according to his financial capacity and gave sufficient dowry/ Istri Dhan
items, but yet the respondent was very greedy in nature from the very beginning
of marriage. The respondent sold away entire jewelries and ornaments of the
petitioners on playing lottery and drinking. The respondent committed a lot of
cruelties with the petitioner and turned out the petitioner, only due to the
reason that the respondent had refused to bring Rs. _____________/- from her
parents on ______________. The life of the petitioner has been made like a
hell. The respondent threatened that he will not keep and maintain the
petitioner till his demands are not fulfilled by her parents.
6.
That various panchayats were convened at the house of the respondent and the
parents of the petitoner requested the respondent to keep and maintain the
petitioner but the respondent clearly refused to keep and maintain the
petitioner. The last panchayat was convened on ____________ in the presence of
respectable , relatives in which Shri _________________ son of Shri
____________ R/o ____________________ and Shri ___________ son of Shri
_____________ R/o House NO. __________________ were also present but the
respondent did not agree to keep and maintain the petitioner and the respondent
put the condition that he will not keep the petitioner without obtaining the
illegal amount of Rs. ______________/-from the parents of the petitioner.
7.
That the petitioner bears all type of cruelties because the petitioner wanted
to save her married life and do not want to spoil her life. Many times the
parents and relatives advised the respondent to get-off to drink and to behave
properly but to no use. The petitioner also tried to advise the respondent many
times to change his behavior and not to drink but the respondent refused to
accept the legitimate requests of the petitioner and the relatives.
8.
That the respondent has deserted the petitioner without any reasonable and
justifiable cause and rhyme and hence it has become impossible for the
petitioner to live more in the company of the respondent therefore, the
petitioner is entitled for a decree of divorce on the grounds of cruelties and
desertion.
9.
That the cause of action to file the present petition accrued to the petitioner
many times when the respondent abuses in the filthy language and the petitioner
was beaten mercilessly. The cause of action also accrued on ____________ when
the respondent turned out the petitioner alongwith her minor daughter. The
cause of action further arose on each and every date when the Panchyats were
convened and it lastly arose on ______________ when the respondent clearly
refused to keep and maintain the petitioner. Hence this petition.
10.
That the parties are Hindus by religion.
11.
That the present petition has not been by the petitioner filed in
collusion with the respondent.
12.
That no such petition is pending or has been filed or decided by any court of
law on the same subject matter between the same parties.
13.
That petitioner has no legal impediments why the relief sought for is not
granted to the petitioner.
14. That
the petitioner is still residing at __________ the marriage was solemnized at
_____________ within the jurisdiction of this hon’ble court therefore, this
hon’ble court has got the jurisdiction to entertain and try the present
petition.
15.
That a fixed court fee has been paid on the petition.
It is,
therefore, prayed that a decree for Divorce Under section 13 of the Hindu
Marriage Act, 1955 thereby dissolving their marriage of the petitioner and the
respondent on the grounds of cruelty and desertion may kindly be passed in
favour of the petitioner and against the respondent along with costs of the
petition. It is prayed accordingly.
PETITONER.
Advocate
VERIFICATON
Verified that
the contents of Paras No.1 to 12 and 14 of the petition are true to best of my
knowledge and Paras No. 13 & 15 of the petition are true to best of my
belief as information received by me through my counsel. Last Para is the
prayer before this hon’ble court.
Verified at ___________ on ___________
PETITONER.