Draft: Petition of the Divorced by Husband on the Basis of a decree for Judicial Separation under Hindu Marriage Act.

In the Hon’ble Court of District Judge ( or Family Court, where such Court has been established)…………… (Gujarat)

 

Petition No. ________/2024

Shri ‘Name of Husband’ son of  ‘XYZ’

Age: ……………….

Caste ……………

Residence of ……….                               Petitioner

Versus

Smt. ‘Name of wife’ wife of ‘Name of Husband’

Age: ……………….

Caste ……………

Residence of ……….                     Non-Petitioner

Petition for Divorce

The petitioner prays as under:—–

1. The petitioner had married the non-petitioner on _________ (date) at ___________ (place) according to the Hindu marriage act.
2. That after their marriage, both parties lived as husband and wife together for more than seven years and peacefully performed their marital obligation.
3. That since, last four years, there had been strained relations between the parties due to the cruel behavior of the non-petitioner towards the petitioner. Last year on _____ (date), the Competent Court has passed a decree of Judicial Separation. (Certified Copy enclosed as Annexure ‘X’).
4. About 12 Months have elapsed after the passing of the aforesaid decree. During this period, neither there had been a resumption of cohabitation between the parties nor is there any possibility for the same.
5. On this Ground, the petitioner is entitled to get decree of divorced againts the non-petitioner.
6. That there is no collusion between the parties.
7. That the marrieg between the parties was solemnized at _____ (place) then they reside there. The cause of action accured at ______ (place) on ____ (date), when the local Court passed the decree of judicial separation. Hence, the petitioner is within limitation.
8. That this Hon’ble court has jurisdiction to entertain this petition.
9. That the petition has been filed with the requisite court fees of Rs________ It is, therefore, prayed that a decree of divorce in the favour of the petitioner with costs and againts the non-petitioner be passed and the marriege solemnized by the parties on ___________ , be dissolved.

Sd/-_____________                                                                    Sd/- _________

Adocate for the Petitioner                                                            Petitioner

Verification

I, ‘Name of Husband’ son ‘___’, aged ______ years, by caste ______ , residence of _________, hereby verify that paras No 1 to 6 of the petition are correct and true on the basis of my personal knowledge and belief, and paras No 7 to 9, based on legal advice, are also correct.

Place:_________                                                                         Sd/- _________

Date:_________                                                                             Petitioner