Family Petition By Wife For Judicial Separation

Petition by Wife for Judicial Separation

 

 In the Court of Ms__________________________________,Family Courts, District___________________, New Delhi
 

Ms. ____________________. Petitioner

versus

Mr. ____________________. Respondent

In the matter of S.10 of the Hindu Marriage Act 1955, and in the matter of:

RESPECTFULLY SHWETH:

1. That at all material times and at present the parties to the proceedings were and are Hindu and so ruled by the Hindu Marriage Act 1955.

2. That on the _______________ day of _______________ the applicant was duly married to Mr__________________at_______________ and the said marriage was solemnized according to Hindu rites. (An extract from the Marriage Registrar or an affidavit duly attested to be filed).

3. That the following are the issues of the said marriage (name, date of birth, age and sex).

4. That ever since the said marriage and until the ____________ day of ____________ the applicant and the said Mr___________________cohabited and lived as husband and wife at. ____________ when he withdrew himself from the society of applicant without any probable or reasonable cause and thereby deserted her to all purposes and intents.

5. That from and soon after the marriage the said Mr__________________habitually and with very few exceptions conducted himself towards the applicant with severe cruelty and harshness by abusing her in most filthy language (state particulars of cruelty).

6. That applicant has not in any way been party to or connived at or condoned any of the said acts of Mr_____________

7. That the said Mr_______________also maliciously, falsely charged the applicant as having committed adultery, abused the applicant in several manners and treated the applicant with such cruelty as cause a reasonable fear in the mind of the applicant that it will be most harmful /injurious for the petitioner to live further with the said Mr___________

8. That there were no prior proceedings between the parties and there is no collusion between the applicant and Mr____________ relating to the subject-matter of present petition.

9. That this court has jurisdiction to entertain this application as the marriage was celebrated at (the parties reside or last resided within the jurisdiction of this court).

The applicant therefore prays for a decree for judicial separation between the applicant and the said Mr____________________.

Petitioner’s Signature. 

Verification

I, Ms____________, daughter of .., and wife of Mr_______________.aged about ____________ years by occupation housewife residing at____________ do hereby solemnly affirm and say as follows:

I am the petitioner above-named and I know and I have made my acquainted with the facts and circumstances of this case.

The statements in paragraphs 1 to 9 are true to my knowledge and belief.

I sign this verification on this ____________ day of_______________ at the Court House at_______________

Petitioner’s Signature.