Petition by Husband for Dissolution of Marriage with Damages against Co-respondent by Reason of Adultery

In the High Court of…………………. To the Hon’ble Mr. Justice………………… (or to the Judge of……………..)

AB………………………………….Petitioner

versus

CB…………………………………….Respondent XY………………………………………..Co-respondent

The humble petition of AB of (full name and address)

Most Respectfully Sheweth:

1. That the parties to the petition were and are domiciled in India and Christian by faith and religion.
2. That on the………..day of……………..your petitioner was lawfully married to CB, then CD, a spinster aged about…………….years at………………. and the said marriage is still subsisting.
3. That ever since his said marriage, your petitioner lived and cohabited with his said wife from time to time at various places, viz….and lastly at…………in or about………and that your petitioner and his said wife have had several issues of their said marriage, viz.,……….children named…….who are aged…….respectively and…………years, the respective dates of their birth being……….day of………… and …………..day of………….
4. That during the…………years immediately preceding the day of ……….XY was constantly, with few exceptions, residing in the house of your petitioner at……………….aforesaid and that on diverse occasions during the said period, the dates of which are unknown to your petitioner, the said CB in your petitioner’s said house committed adultery with the said XY.
   • (State briefly the circumstances from which the petitioner came to the conclusion as to adultery. If the marriage was solemnized out of India, the adultery must be shown to have been committed in India.)
5. That there was never nor is at present any collusion or connivance between the petitioner and his said wife for the purpose of obtaining dissolution of their said marriage or for any other purpose.
6. That your petitioner has not condoned any of the acts of adultery on the part of the respondent.
7. Your petitioner, therefore, prays that this (Hon’ble) Court might be pleased to pass a decree for dissolution of the said marriage and that the said XY do pay the sum of Rupees……………….as damages by reason of his having committed adultery with your petitioner’s said wife, such damages to be paid to your petitioner, or otherwise paid or applied as to this (Hon’ble) Court seems fit.

Signed AB

Verification

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

I am the petitioner above-named, and I know the facts and circumstances of the case. The statements in paragraphs 1, 2, 3, 4, 5, and 6 of the petition are true to my knowledge and belief and that I have not suppressed any material fact.

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

Before me Signature Notary Advocate

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Petition for Dissolution of Marriage with Damages for Adultery: A Legal Perspective

This article focuses on a specific type of legal petition: a Petition for Dissolution of Marriage with Damages for Adultery.

This petition is filed by a husband seeking to dissolve his marriage on the grounds of his wife’s adultery and claiming damages from the co-respondent.

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 Cohabitation: It provides details about the cohabitation of the spouses, including the places of residence and the duration of their marriage.
• Allegations of Adultery: The petition specifically alleges that the wife committed adultery with the co-respondent, outlining the circumstances and providing evidence to support these claims.
• No Collusion or Connivance: The petitioner must affirm that there is no collusion or connivance between him and his wife to obtain a divorce.
• Lack of Condonation: The petitioner must assert that he has not condoned the wife’s acts of adultery.
• Prayer for Relief: The petition concludes with a prayer for the court to grant a decree of dissolution of the marriage and award damages to the petitioner from the co-respondent for the wife’s adultery.

Legal Significance of the Petition:

• Grounds for Divorce: Adultery is one of the grounds for divorce under various legal frameworks, including the Indian Divorce Act.
• Claim for Damages: This petition seeks not only the dissolution of the marriage but also damages from the co-respondent for the emotional and financial harm caused by the adulterous relationship.

Importance of Legal Counsel:

It is crucial to consult with legal professionals, such as those at Legal Light Consulting, when filing a petition for dissolution of marriage with damages for adultery. 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 allegations of adultery.
• 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 dissolution of marriage with damages for adultery, 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 dissolution of marriage with damages for adultery 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.