Petition by wife for judicial separation on the grounds of her husband’s adultery

(See section 22)                  

In the High Court of…………………..

 CB                                 Petitioner

      Versus

               AB                             Respondent

To the Hon’ble Mr. Justice……….

(or to the Judge of………………..)

The humble petition of CB of No………………..

the wife of AB residing at……………………….

Most respectfully Sheweth:

1. That on the….day of……..your petitioner, then CD (maiden name) was lawfully married to the respondent AB lived and cohabited at ……and…….and the said marriage is still subsisting.
2. That ever since the said marriage, your petitioner and the respondent AB lived and cohabited at……….and they have the following issue living of their said marriage.
3. That on diverse occasions between the month of……… and the month of…….the respondent AB while staying at………..committed adultery with one EF who was then in the service of the said AB and your petitioner at their said residence aforesaid against the wishes of and in spite of protest from your petitioner.
4. That your petitioner has not condoned any of the acts of adultery on the part of the respondent.
5. That there is no collusion or connivance between your ……. petitioner and the said AB with respect to the subject of the present suit. Your petitioner therefore prays that this (Hon’ble) Court might be pleased to pass a decree of a judicial separation of your petitioner from her said husband by reason of his aforesaid act of adultery.

Signed

     CB

Verification

I, CB wife of AB daughter of XY aged about…………..years residing at do hereby solemnly affirm and say as follows:

State the respective ages of the children.

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

The statements made in paragraphs 1 to 5 are true to my knowledge and belief.

    I sign this verification on this………day of……..at the Court House at……..

Signature of CB

Before me  Notary        

Signature of Advocate

Petition by Wife for Judicial Separation on the Grounds of Husband’s Adultery under Section 22

In cases of marital discord, adultery is one of the most serious grounds for seeking judicial separation. Judicial separation allows a married couple to live separately while maintaining the legal status of their marriage.

Under Section 22 of the Hindu Marriage Act, 1955, a wife can petition for judicial separation on the grounds of her husband’s adultery.

This article outlines the structure and contents of a typical petition filed by a wife seeking judicial separation based on her husband’s adultery.

Structure of the Petition for Judicial Separation

1. Introduction and Marriage Details

The petition begins with the identification of the parties involved. The wife (petitioner) provides her full name, address, and the name of the respondent (husband).

The wife details the date and place of marriage with the husband, as well as confirming that the marriage is still subsisting.

For instance:

• “On the __ day of __, your petitioner, then CD, was lawfully married to the respondent AB, and the said marriage is still subsisting.”

2. Cohabitation and Issue from the Marriage

The petitioner then states the places where she and her husband cohabited after marriage and provides details of the children, if any, born from the marriage.

This establishes the family context and provides the court with information about the personal life of the petitioner.

For example:

• “Ever since the said marriage, your petitioner and the respondent AB lived and cohabited at [place], and they have the following children living from their marriage.”

3. Allegation of Adultery

The heart of the petition lies in the allegation of adultery committed by the respondent (husband).

The wife specifies the period during which the adultery occurred, the name of the person involved in the adulterous relationship, and the location where the acts took place.

She may also include details of her protests against the affair to underline her unhappiness and the breach of trust.

For example:

• “On several occasions between [month] and [month], the respondent AB, while staying at [place], committed adultery with one EF, who was then in the service of the said AB and your petitioner, at their residence, against the wishes of and in spite of protest from your petitioner.”

4. Condonation and Collusion

The petitioner affirms that she has not condoned the husband’s acts of adultery, nor has she been complicit in the affair.

She also clarifies that there has been no collusion or connivance between her and the husband with respect to the adultery or the current petition for judicial separation.

For example:

• “Your petitioner has not condoned any of the acts of adultery on the part of the respondent.”
• “There is no collusion or connivance between your petitioner and the said AB with respect to the subject of the present suit.”

5. Prayer for Judicial Separation

In the final section, the petitioner respectfully requests that the court pass a decree for judicial separation due to the respondent’s adultery.

This legally separates the wife from her husband, allowing her to live independently while still maintaining the marriage.

For example:

• “Your petitioner therefore prays that this Hon’ble Court might be pleased to pass a decree of judicial separation of your petitioner from her said husband by reason of his aforesaid act of adultery.”

Verification

The petition concludes with a verification by the wife, affirming that the facts mentioned in the petition are true to the best of her knowledge.

This is followed by her signature and the signature of a notary or advocate verifying the petition.

For example:

• “I, CB, wife of AB, daughter of XY, aged about __ years, residing at [address], do hereby solemnly affirm and say as follows:
• The statements made in paragraphs 1 to 5 are true to my knowledge and belief.”

Legal Framework: Section 22 of the Hindu Marriage Act, 1955

Section 22 of the Hindu Marriage Act, 1955 allows a wife to seek judicial separation on the grounds of adultery.

Judicial separation is a legal remedy where the court declares that the parties are no longer required to cohabit, although the marriage itself remains intact.

Legal Point of the Provisions:

• Grounds for Judicial Separation: A wife can file for judicial separation if the husband has committed adultery.
• Adultery: The court requires evidence that the husband has had an extramarital affair, which is proven to have occurred during the marriage.
• Effects of Judicial Separation: Judicial separation allows the wife to live separately from her husband without affecting the legal status of the marriage.
• It can also be a precursor to divorce if the parties choose to pursue that route later.

Conclusion

Filing a petition for judicial separation on the grounds of adultery under Section 22 of the Hindu Marriage Act, 1955 is a significant legal step for a wife who has experienced infidelity.

The petition is a formal request to the court to legally separate the wife from her husband, ensuring that she can live independently while maintaining the marriage.

If you are dealing with a similar situation and need legal advice or assistance in filing a petition for judicial separation, Legal Light Consulting is here to support you.

Our legal team specializes in family law and can guide you through the process.

Contact Legal Light Consulting for all your legal needs