Petition for Judicial Separation by Shiva.

Petition for Judicial Separation

IN THE COURT OF THE DISTRICT JUDGE . . . . . . . . . . . . . . . .

Matrimonial Petition No. . . . . . . . . . . . of 20 . . . . .

. . . . . . . . . . . . . . . .                 ???. .   ????Petitioner;

Versus

. . . . . . . . . . . . . . . .                 ???. .   ???Respondent;

. . . . . . . . . . . . . . . .                 ???. .   ??Co-respondent.

Petition for judicial separation under Section 10 of the Hindu Marriage Act, 1955 (25 of 1955).

The petitioner states as follows—

1. A marriage was solemnised between the parties on . . . . . at . . . . . . . . . . . An 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 and at the time of the filing of the petition were as follows:

Husband Wife
Status Place of residence Status Place of residence
(i) Before marriage

(ii) At the time of filing the petition.

(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 cohabitation as husband and wife and 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 out in separate paragraphs, with times and places of their alleged commission. The facts on which the claim to relief is founded should be stated 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 clause (f) of Section 10 the petitioner 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 cruelty.

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

8. There has not been any unnecessary or improper delay in filing the petition.

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

10. There has not been any previous proceeding 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 Nature of proceedings with section of the Act Number and year of the case Name and location of Court Result
(i)

(ii)

(iii)

(iv)

11. The marriage was solemnised/The husband and wife reside/The husband and wife last resided together/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.

Sd. . . . . . . . . . . . . . .

Petitioner.

VERIFICATION

The abovenamed petitioner states on solemn affirmation that Paras 1 to . . . . . . . . . . . of the petitioner are true to the best of the petitioner’s information and belief.

Verified at . . . . . . . . . . . (place)

Sd . . . . . . . . . . . . . .

Dated . . . . . . . . . . .                                                     Petitioner.

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.