Draft a Petition for Dissolution of Marriage in India
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: —
- 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
[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……………….. [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.
- If adultery is pleaded the petitioner should give particular as nearly as he can, of the acts of adultery alleged to have been committed.
- The matrimonial offences charged should be set in separate paragraphs with the times and places of their alleged commission. 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).
- [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].
- (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelly.
- Any other ground mentioned in Section 13.
- 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 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/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.
- 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 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 Dissolution of Marriage Under Section 13 of the Hindu Marriage Act, 1955
Divorce is a legal process that allows individuals to dissolve their marriage when the relationship has irretrievably broken down.
In India, Section 13 of the Hindu Marriage Act, 1955 provides the grounds for divorce, including cruelty, adultery, desertion, and more.
A petition for dissolution of marriage is filed in the district court where the parties reside or where the marriage was solemnized.
Below is a comprehensive look at the petition for dissolution of marriage under Section 13 of the Hindu Marriage Act:
1. Introduction: Parties and Marriage Details
The petition begins with the identification of the parties involved — the petitioner and the respondent — along with basic marriage information.
It includes the date and place where the marriage was solemnized, and an attested copy of the marriage certificate is attached as evidence.
Example:
- “A marriage was solemnized between the parties on 2025 at [place]. A certified extract from the Hindu Marriage Register is filed herewith.”
2. Status and Residence
This section provides the status (Hindu by religion) and the place of residence of both parties, both before the marriage and at the time of filing the petition.
Example:
- “The status and place of residence of the parties before the marriage and at the time of filing the petition were as follows:
- Husband: [status], Age [age], Place of residence: [place]
- Wife: [status], Age [age], Place of residence: [place]”
3. Details of Co-habitation and Children
The petitioner outlines the period of co-habitation, mentioning any children born out of the marriage, including their names, gender, birth dates, and whether they are alive or deceased.
Example:
- “The parties cohabited together as husband and wife in [place]. The marriage resulted in the birth of [number] children:
- [Name], [Date of birth], [Sex], [Status (alive/deceased)]
- [Name], [Date of birth], [Sex], [Status (alive/deceased)]”
4. Grounds for Divorce
This section is the heart of the petition, where the petitioner specifies the grounds for divorce. Section 13(1) of the Hindu Marriage Act lists various grounds, including:
- Adultery: If the respondent has committed adultery, details of the incident, including dates and locations, should be provided.
- Cruelty: If cruelty is cited as the ground, specific instances of physical or mental cruelty must be listed, including descriptions of how the respondent mistreated the petitioner.
- Desertion: If desertion is the reason, the period of abandonment must be mentioned.
- Conversion: If the respondent has converted to another religion, this can also be grounds for divorce.
Example:
- “The respondent [name] has committed adultery on 2025 at [location] with [third party].”
- “The petitioner has been subjected to continuous cruelty, including verbal and physical abuse, by the respondent.”
5. Non-Condonation of the Offense
If the petition is based on adultery, cruelty, or desertion, the petitioner must assert that they have not condoned the offense, meaning they have not forgiven the respondent’s misconduct.
Example:
- “The petitioner has not in any manner condoned the acts of cruelty committed by the respondent.”
6. No Collusion
The petitioner must confirm that the petition is not filed in collusion with the respondent, meaning the two parties are not working together to create false grounds for divorce.
Example:
- “The petition is not presented in collusion with the respondent.”
7. No Delay in Filing
The petitioner affirms that the divorce petition has been filed without unnecessary delay, ensuring that there has been no undue procrastination.
Example:
- “There has not been any unnecessary or improper delay in filing this petition.”
8. Previous Proceedings
If there have been any previous legal proceedings related to the marriage (such as a petition for judicial separation), they should be listed here, along with case numbers, dates, and court details.
Example:
- “There have been the following previous proceedings with regard to the marriage:
- Serial No. | Name of Parties | Name of Proceedings | Case Number | Court Location | Result”
9. Jurisdiction
The petition must specify that the court where the petition is filed has jurisdiction to hear the case. This is usually the court in the area where the parties reside or where the marriage took place.
Example:
- “The marriage was solemnized and the parties last resided together at [location], which falls within the jurisdiction of this Hon’ble Court.”
10. Prayer for Relief
The petitioner concludes by requesting the court to grant a decree of divorce, dissolving the marriage. The petition also requests that the respondent be ordered to pay the costs of the proceedings.
Example:
- “The petitioner, therefore, prays that the marriage between the petitioner and the respondent may be dissolved by a decree of divorce, and that the respondent be directed to pay the costs of these proceedings.”
Verification
The petitioner must verify the contents of the petition by affirming its truthfulness. The verification includes a statement confirming that the information provided is accurate to the best of the petitioner’s knowledge and belief.
Example:
- “I, [name], the petitioner, hereby solemnly affirm that the facts and statements in this petition are true to the best of my knowledge and belief. Verified on this 2025 at [location].”
Conclusion
Filing for divorce under Section 13 of the Hindu Marriage Act is a legal process designed to address serious issues such as adultery, cruelty, or desertion.
A petition for dissolution of marriage lays out the facts of the case, providing specific details of the marriage, grounds for divorce, and the request for relief.
If you are considering divorce due to serious issues in your marriage, it is important to seek legal guidance to ensure that your rights are protected.
For assistance with your divorce proceedings, Legal Light Consulting (LLC) can provide expert legal counsel and support throughout the process.
Contact Legal Light Consulting for professional legal assistance tailored to your needs
