Petition for Dissolution of Marriage

IN THE DISTRICT COURT AT……………….. …………

…………………………………………………… Petitioner

versus

…………………………………………………………… Respondent

Petition for dissolution of marriage by a decree for divorce under Section 13 of the Hindu Marriage Act, 1955 (No. 25 of 1955).

The petitioner prays as follows:

1. A marriage was solemnized between the parties on……………….. at……………….. A certified 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 filing the petition were as follows:(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 co-habitation as husband and wife and the children from the marriage, if any, may be given. The date and place of birth and name and sex of each child and whether alive or dead should also be stated.]
4. The respondent……………….. [One or more of the grounds specified in Section 13 may be pleaded here. The facts on which the claim to relief is founded should be stated as distinctly as the nature of the case permits.
5. If adultery is pleaded, the petitioner should give particulars, as nearly as he can, of the acts of adultery alleged to have been committed.
6. The matrimonial offences charged should be set in separate paragraphs with the times and places of their alleged commission.
7. If the ground specified in clause (viii) of Section 13(1) is pleaded, the petition should be accompanied by an affidavit of the petitioner to the effect that he or she has not resumed co-habitation for a period of one year or upwards of the passing of the decree for judicial separation.]
8. [Where the ground of petition is the ground specified in clause (i) of subsection (1) of Section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act(s) complained of.]
9. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelty.
10. Any other ground mentioned in Section 13.
11. The petition is not presented in collusion with the respondent.
12. There has not been any unnecessary or improper delay in filing this petition.
13. There is no other legal ground why relief should not be granted.
14. There has not been any previous proceedings 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:

12. The marriage was solemnized/the husband and the wife reside/ the husband and wife last resided together at……………….. within the limits of the ordinary original civil jurisdiction of this Court.
13. The petitioner, therefore, prays that the marriage between the petitioner and the respondent may be dissolved by a decree of divorce.

Petitioner

VERIFICATION

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

Verified on this…………….. day of……………….. 19……………….. at………………..

Place………………..

Petitioner

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Petition for Dissolution of Marriage Under Section 13 of the Hindu Marriage Act, 1955

This article focuses on a specific type of legal petition: a Petition for Dissolution of Marriage under Section 13 of the Hindu Marriage Act, 1955.

This petition is filed by a spouse seeking a divorce from their partner based on various grounds outlined in the Act.

Legal Point of the Petition:

• Establishing the Marriage: The petition begins by establishing the validity of the marriage, including the date, place, and manner of solemnization.
• Details of the Parties: It provides details about the parties, including their names, addresses, ages, and statuses (occupation, religion, etc.).
• Grounds for Divorce: This is the core of the petition. It must specifically state the grounds for seeking a divorce, which can include:
  • Adultery: The other spouse has committed adultery.
  • Cruelty: The other spouse has been guilty of cruelty.
  • Desertion: The other spouse has deserted the petitioner for a continuous period of two years or more.
  • Conversion: The other spouse has converted to another religion.
  • Unsound Mind: The other spouse has been incurably of unsound mind for a continuous period of not less than three years.
  • Leprosy: The other spouse has been suffering from leprosy for a continuous period of not less than three years.
  • Venereal Disease: The other spouse has been suffering from venereal disease in a communicable form for a continuous period of not less than three years.
  • Renunciation of the World: The other spouse has renounced the world by entering any religious order.
  • Non-Resumption of Cohabitation: Where a decree of judicial separation has been in operation for a period of one year or upwards.
• No Collusion or Connivance: The petition must affirm that there is no collusion or connivance between the parties to obtain a divorce.
• Lack of Condonation: If the ground for divorce is cruelty or adultery, the petition must assert that the petitioner has not condoned the acts complained of.
• Lack of Previous Proceedings: The petition must disclose any previous legal proceedings related to the marriage.
• Jurisdiction: The petition must establish the jurisdiction of the court to hear and determine the matter.
• Prayer for Relief: The petition concludes with a prayer for the court to grant a decree of divorce.

Importance of Legal Counsel:

It is crucial to consult with legal professionals, such as those at Legal Light Consulting, when filing a petition for divorce. Experienced attorneys can:

• Ensure Legal Compliance: Ensure that the petition complies with all legal requirements and procedures.
• Gather Evidence: Assist in gathering evidence to support the grounds for divorce.
• Represent Your Interests: Advocate for your best interests and ensure that your rights are protected throughout the legal proceedings.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Contact Legal Light Consulting:

For personalized legal advice and assistance with matrimonial matters, including petitions for divorce, please contact Legal Light Consulting.

Our experienced team can provide expert guidance and ensure that your legal needs are met effectively.

Remember: The specific requirements and procedures for filing a petition for divorce may vary depending on the applicable laws and the specific circumstances of the case.

It is essential to consult with legal professionals for personalized guidance and assistance.