Application for Di Divorce on on at-fault grounds
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Application Application by wife for fo r Divorce on "at fault" grounds/Restitution grounds/Restitution of Conjugal Rights - Hindu Marriage Act, 1955 Important points 1. All petitions petitions related to fami fa mily ly matters such a s divorce, restitution of conjugal rights, rights, adoption, adopt ion, child custody, etc are filed filed before Family Family Court. There is a family court for each district district and it is at the same level as the District Court. If no Family Family Court has been be en set up for a district, a petition may be filed in the District Court. 2. Divorce - S. 13 (1) (i) - adultery, adultery, (i-a) - cruelty, (i-b) (i-b) - desertion 3. Restitution of Conjugal Rights - S. 9 4. The petition for such matters is to be submitted directly by the a pplicant. No advocate advocat e is allowed. allowed. [For a applicant to appear through advocate, a special permission from court is required in accordance with Family Courts Act.]
Before the Principal Judge, Judge, Family Court at Indore In dore Divorce Petition No. ... / 2009 or RCR Petition No .../2009 A. B. w/o M. N. 123, A B Road, Indore, MP
......................................... Petitioner
Vs. M. N. s/o O. P. 456, A B Road, Indore, MP
......................................... Respondent
Application for Divorce Divorce by wife under S. 13 (1) (i-a) (i -a) of H M Act, 1955 or Application for Restitution of Conjugal Conjugal Rights under S. 9 of H M Act, 1955.
The aformentioned petitioner begs to state as a s under:1. That the applicant a pplicant is the wife of the respondent, respondent , their marriage marriage having been solemnized at Indore on 10/10/2006 a ccording to the Hindu religion religion and vedic ceremonies. ce remonies. 2. That after the marriage, the petitioner and the respondent cohabited and resided together for about three years, y ears, and during this period, period, the petitioner pe titioner did not bear any child. 3. That since the petitioner did not bear a child, the respondent started to ill-treat her, and she was always beaten with sticks sticks and other house hold articles. 4. That on 10/10/2009, the repondent beat the petitioner up and threw her out of the house. The beating caused a fracture on hand of the petitioner. 5. The petitioner and her parents tried their best to convince the respondent and his parents but the respondent did not improve improve his behavior beha vior.. 6. That due to such cruel behavior of the respondent, the petitioner is now afraid to live with the respondent and has moved out from her matrimonial matrimonial home to her father's fa ther's home. 7. That the petitioner pe titioner is unable unable to carry c arry on the marriage marriage with the respondent responde nt is such unbearable ccondition. ondition. 8. That the petitioner resides within within the local limits limits of the jurisdiction jurisdiction of this Court, and hence, henc e, this hon’ble Court has ha s jurisdiction jurisdiction to try and an d decide this application. application. 9. That this application application being chargeable with a fixed rate of Court fee, the th e same is paid herewith. 10. That the petitioner, therefore, prays that – (a) This application be kindly kindly allowed, allowed, and the petiti pet itioner oner be granted divorce; (b) The Costs of this application application and expenditure expe nditure of this this case be awarded to the petitioner; pe titioner; (c) The petitioner be awarded maintenance of Rs 5000/- per month. month.
Place: …………………. Date: …………………..
(Signature (Signature of the Petitioner)
Verification
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Application for Divorce on at-fault grounds
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I, A. B w/o B. C., do hereby verify that the contents from paras 1 to 10 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Indore this 4th Day of September 2009. (Signature) Petitioner
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