Petition for a judicial separation by reason of cruelty

(See section 22)

 In the High Court of……..

To the Hon’ble Mr. Justice

(or To the Judge of……..)

The humble petition of AB (wife of CB)

of………………………………..

Most Respectfully Sheweth:

1. That at all material times the parties to the above proceedings were Christian by birth and religion and domiciled in India.
2. That on the……..day of………………your petitioner, then AD (spinster), was lawfully married to CB according to law governing them and the said marriage is still subsisting.
3. That there is no issue of the said marriage.
4. That ever since her said marriage, your petitioner lived and resided with her said husband all along except short stays outside at…………..within the jurisdiction of this court until the……….day of…………..when your petitioner’s said husband wrongfully separated from and deserted her as hereinafter more particularly mentioned.
5. That the married life of your petitioner was most unhappy ever since and throughout the marriage as the said CB forced her to do all sorts of menial work in the house against her wish and desire and on failure or refusal thereof he insulted her, behaved roughly, habitually misconducted himself towards her and treated your petitioner with great harshness, negligence and cruelty, frequently abusing her in the coarsest and most insulting language and beating her at times violently with kicks and blows, sometimes with a cane, or with some other weapon.
6. That some particulars of harshness, neglect and cruelty are inter alia as follows:
7. Throughout their married life and without any exception the said CD by words and deeds made it quite clear that he had no heart nor any love and affection for her but married simply for enriching himself with the wealth of her parents.
8. That one evening in or about the month of the said CD tried to kick her out of the house in which your petitioner and the said CB were then residing at………..aforesaid, but was only prevented from so doing by the interference of FD, your petitioner’s brother.
9. That subsequently on the following evening, the said CB in his said house at………………..aforesaid, struck your petitioner with a violent blow on her face.
10. That on one night in the month of May 2000 the said CB in ……….without provocation threw a knife at your petitioner thereby inflicting a severe wound on her right hand.
11. That in the afternoon of the ……….. day of……….. the cruel behaviour and mental torture of the respondent reached such a climax that your petitioner had no other alternative but to withdraw herself from and leave the house, and by reason of the continued cruelty practised on her she had to come also to the house of her father at………………and since then your petitioner has lived separate and apart from her husband and has never returned to his house or had cohabitation with him.
12. That your petitioner never condoned any of the acts of cruelty of the respondent and in any event even if there was any condonation (which is denied) each subsequent matrimonial offence or misconduct would revive all acts of cruelty.
13. That there is no collusion or connivance between your petitioner and her husband with respect to the subject of the present suit.
14. (State previous proceedings if any).
15. Your petitioner, therefore, prays that this (Hon’ble) Court might be pleased to pass a decree of judicial separation between your petitioner and the said CB and also order that the said CB do pay the costs of and incidental to the proceedings.

Signed                                                                                              AB

Verification

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

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 in paragraphs 1 to 10 are true to my knowledge and belief.

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

House at……………….

Signature of AB

Before me                                                                                  Signature of Advocate

Notary

Petition for Judicial Separation on Grounds of Cruelty Under Section 22 of the Indian Divorce Act

In cases of marital discord where one spouse suffers from cruelty at the hands of the other, the Indian Divorce Act, 1869 provides for a petition for judicial separation under Section 22.

This section allows a spouse to seek judicial separation as a remedy when the marriage has irretrievably broken down due to acts of cruelty, allowing them to live apart without the finality of divorce.

A judicial separation does not dissolve the marriage but gives the petitioner the legal right to live separately from the respondent, often as a step towards eventual divorce.

Below is an overview of the petition for judicial separation based on the grounds of cruelty, as outlined under Section 22 of the Indian Divorce Act.

Structure of the Petition for Judicial Separation on Grounds of Cruelty

1. Introduction: Identification of Parties

The petition begins with the details of the petitioner and the respondent. It identifies the petitioner (wife or husband) and mentions the religion, domicile, and marriage details. The marriage is established as lawful and subsisting.

For example:

• “That at all material times the parties to the above proceedings were Christian by birth and religion and domiciled in India. On the 2025, your petitioner, [name], was lawfully married to [spouse’s name] according to the laws governing their marriage.”

2. Details of the Marriage

This section provides the date and place of marriage and the current status of the marriage. It also mentions if there are any children from the marriage.

For example:

• “That on the [day] of [month], your petitioner was lawfully married to [name of spouse] and the said marriage is still subsisting. There is no issue of the said marriage.”

3. Marital Life and Cruelty

The petitioner elaborates on the details of their married life, including any separation and the nature of cruelty.

This includes physical, emotional, and mental cruelty experienced by the petitioner, providing specific examples of the respondent’s harsh behavior.

For example:

• “That since the marriage, your petitioner lived with her husband, but the marital life has been most unhappy.
• The respondent forced her to do all kinds of menial work against her will, and when she refused, he insulted her, treated her with harshness, and physically abused her.
• On several occasions, he violently beat her with kicks and blows, sometimes with a cane or other weapons.”

4. Particulars of Cruelty

The petition lists specific incidents of cruelty. This may include physical violence, verbal abuse, or mental torture that the petitioner endured during the marriage.

For example:

• “That one evening, the respondent tried to throw your petitioner out of the house, but was stopped by [family member].
• On another occasion, he struck your petitioner with a violent blow to her face. On 2025, he threw a knife at her, injuring her hand.”

5. Separation Due to Cruelty

This section explains when and why the petitioner decided to separate from the respondent. It mentions the final act of cruelty that led to the petitioner leaving the respondent and taking shelter elsewhere.

For example:

• “That due to the respondent’s continued cruel behavior, the petitioner had no choice but to leave the house. On 2025, the petitioner withdrew herself from the matrimonial home and has since been living at her father’s house, and has not returned to cohabit with her husband.”

6. Non-condonation of Cruelty

The petitioner asserts that they have not forgiven or condoned the respondent’s actions, and even if there were any previous instances where cruelty was overlooked, the subsequent acts of cruelty would revive all past wrongs.

For example:

• “That your petitioner has never condoned any of the acts of cruelty of the respondent, and in any case, even if there was any condonation, each subsequent act of cruelty revives all previous acts.”

7. No Collusion

The petitioner clarifies that the petition is not filed in collusion with the respondent and that the grounds for judicial separation are genuine.

For example:

• “That there is no collusion or connivance between your petitioner and her husband with respect to the subject matter of this petition.”

8. Previous Proceedings

This section, if applicable, will outline any previous legal proceedings related to the marriage, such as attempts at reconciliation or prior petitions filed.

For example:

• “That there have been no previous proceedings with regard to the marriage by or on behalf of either party.”

9. Request for Judicial Separation

The petitioner then prays for the relief sought, which in this case is a decree of judicial separation based on cruelty.

The petitioner may also request that the respondent pay the costs associated with the proceedings.

For example:

• “Wherefore, the petitioner prays that this Hon’ble Court may be pleased to pass a decree of judicial separation between your petitioner and the respondent, and further order that the respondent shall pay the costs of these proceedings.”

Verification

At the end of the petition, the petitioner must sign a verification statement to confirm the truth of the facts presented. This also includes the date and location of the verification.

For example:

• “I, [name], wife of [husband’s name], aged about [age], residing at [address], hereby solemnly affirm and state that the facts and statements in paragraphs [X] to [Y] of this petition are true to my knowledge and belief. Verified on this 2025 at the Court House at [location].”

Conclusion

A petition for judicial separation under Section 22 of the Indian Divorce Act provides a legal recourse for individuals suffering from cruelty in marriage.

It allows the petitioner to live separately from the abusive spouse without dissolving the marriage entirely. This step can be crucial for individuals who need time and space to decide whether to proceed with divorce or seek reconciliation.

The petition outlines the severity of the cruelty suffered and requests the court to acknowledge the breakdown of the marriage due to the respondent’s abusive behavior.

If you are facing cruelty in your marriage and need assistance with filing for judicial separation, Legal Light Consulting (LLC) can guide you through the process, ensuring your rights and safety are protected.

Contact Legal Light Consulting for expert legal assistance and guidance