Draft a Petition for Judicial Separation under Section 10 of the Hindu Marriage Act
Draft a Petition for Judicial Separation under Section 10 of the Hindu Marriage Act
IN THE DISTRICT COURT AT………………..
……………………………………………………………… Petitioner
versus
…………………………………………………………… Respondent
Petition for a judicial separation under Section 10 of the Hindu Marriage Act, 1955 (No. 25 of 1955).
The petitioner prays as follows: —
- A marriage was solemnized between the parties on……………….. at ……………….. A certified extract from the Hindu Marriage Register/an affidavit duly attested is filed herewith.
- The status and place of residence of the parties to the marriage before the marriage
(i) Before marriage
(ii) At the time of filing the petition
Husband Wife
Status Status
Age Age
Place of Residence Place of Residence
[Whether a party is a Hindu by religion or not is a part of his or her status.]
- [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 the fact whether alive or dead should also be stated].
- 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 in separate paragraphs with the times and places of their alleged commission.
- The facts on which the claim to relief is founded should be stated as 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].
- [Where the ground of petition is the ground specified in Section 13(l)(i), the petitioner should state that he has not in any manner been accessory to or connived at or condoned the act(s) complained of].
- [Where the ground of petition is cruelty]. The petitioner has not in any manner condoned the cruetly.
- The petition is not presented in collusion with the respondent.
- There has not been any unnecessary or improper delay in filing this petition.
- There is no other legal ground why the relief should not be granted.
- 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: —
Serial No. | Name of Parties | Name of Proceedings with section of the Act | Number and date and year of the case | Name and location of the court | Result
|
(i) | |||||
(ii) | |||||
(iii) | |||||
(iv) |
- The marriage was solemnized at………………………………….
Or
The husband and wife resided at………………………………….
Or
The husband and wife last resided together at……………….. within the local limits of the ordinary original civil jurisdiction of this Court.
- The petitioner, therefore, prays for a decree for judicial separation against the respondent.
Petitioner
VERIFICATION
The abovenamed petitioner states on solemn affirmation that Paras………………. 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
Petition for Judicial Separation Under the Hindu Marriage Act: A Legal Overview
Under the Hindu Marriage Act, 1955, judicial separation is a legal remedy for married couples who wish to live apart without dissolving their marriage.
Judicial separation allows individuals to seek relief from the obligations of marriage, but unlike divorce, the marriage remains legally intact.
This option can be sought on specific grounds such as cruelty, adultery, desertion, or other matrimonial offenses.
Below is a detailed look at how a Petition for Judicial Separation is structured under Section 10 of the Hindu Marriage Act, 1955.
1. Introduction to the Petition
The Petition for Judicial Separation begins with identifying the parties involved:
- The petitioner (either the husband or wife) and the respondent (the other spouse).
- The petition includes the date and place where the marriage was solemnized, supported by a certified extract from the Hindu Marriage Register or an affidavit duly attested.
Example:
- “A marriage was solemnized between the parties on 2025 at [location]. A certified extract from the Hindu Marriage Register is filed herewith.”
2. Personal Details of the Parties
The petitioner must provide details of both parties, including:
- Status (whether the person is a Hindu by religion).
- Age and place of residence before and at the time of filing the petition.
Example:
- “Husband: [Age], [Status], [Place of Residence before marriage], [Place of Residence at the time of filing].”
- “Wife: [Age], [Status], [Place of Residence before marriage], [Place of Residence at the time of filing].”
Additionally, if the couple has children from the marriage, their names, sex, date of birth, and status (alive or deceased) should be mentioned.
Example:
- “The marriage has produced the following children:
- [Name of Child], [Sex], [Date of Birth], [Status of Child].”
3. Grounds for Judicial Separation
Under Section 10 of the Hindu Marriage Act, judicial separation can be sought on specific grounds. The petitioner needs to outline these grounds clearly and provide the details of the incidents leading to the petition, including dates and places. Grounds can include:
- Adultery: If the respondent has committed adultery, the petitioner must provide specific details.
- Cruelty: If the respondent’s behavior has been cruel, leading to the breakdown of the marriage.
- Desertion: If the respondent has deserted the petitioner for a specified period.
- Mental illness or other matrimonial offenses.
Example:
- “The respondent has committed adultery on 2025 at [place], which has caused irreparable harm to the marriage.”
If the ground is adultery, the petitioner should affirm that they have not condoned the act.
Example:
- “The petitioner has not in any manner been accessory to or condoned the act of adultery.”
4. Absence of Collusion
The petition must assert that it has not been filed in collusion with the respondent. Collusion occurs when both parties agree to file the petition under false pretenses.
Example:
- “This petition is not presented in collusion with the respondent.”
5. Absence of Delay
The petitioner must state that there has been no unnecessary delay in filing the petition. The court may dismiss the petition if the delay is deemed unreasonable or unjustified.
Example:
- “There has been no unnecessary or improper delay in filing this petition.”
6. Previous Legal Proceedings
If there have been any prior legal proceedings regarding the marriage, these must be disclosed. The petitioner should provide details such as case numbers, court names, and the outcome of those proceedings.
Example:
- “There have been the following previous proceedings with regard to the marriage:
- [Details of any previous case including case number, court name, and result].”
7. Jurisdiction of the Court
The petitioner should specify that the court has jurisdiction over the matter. Jurisdiction is usually based on the place of marriage, the last place where the parties cohabited, or where the petitioner currently resides.
Example:
- “The marriage was solemnized at [location], and the parties last resided together at [location]. This Hon’ble Court has jurisdiction to entertain this petition.”
8. Request for Judicial Separation
At the conclusion of the petition, the petitioner requests the court to grant a decree of judicial separation, which will allow the couple to live separately while the marriage remains intact.
Example:
- “The petitioner, therefore, prays for a decree for judicial separation against the respondent.”
9. Verification
The petition concludes with a verification where the petitioner affirms that the statements made in the petition are true to the best of their knowledge. The verification should be signed and dated, and it is often witnessed by a notary or legal professional.
Example:
- “I, [Petitioner’s Name], solemnly affirm that the statements in Paragraphs [X] to [Y] of this petition are true to the best of my knowledge, and those in Paragraphs [Z] to [W] are based on information I believe to be true.”
Conclusion
A Petition for Judicial Separation under the Hindu Marriage Act provides an avenue for spouses who wish to live separately without dissolving their marriage.
This option is ideal for those who need a period of separation due to issues like cruelty, adultery, or other matrimonial offenses but do not wish to proceed with a divorce.
It allows both parties to continue with their lives independently while still maintaining the legal bond of marriage.
If you are considering a petition for judicial separation or need assistance with family law matters, Legal Light Consulting is here to provide expert guidance and support through the legal process. Contact us for assistance with your legal needs today