Write a Petition under Section 13 of Hindu Marriage Act, 1955, for divorce on the grounds of Adultery and Cruelty
IN
THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT AT [CITY NAME], [STATE]
Petition
No. ____ of 2025
IN
THE MATTER OF:
Mrs.
[Name of the Petitioner],
D/o [Father’s Name],
Aged about ___ years,
R/o [Full Address with PIN],
…Petitioner
Versus
Mr.
[Name of the Respondent],
S/o [Father’s Name],
Aged about ___ years,
R/o [Full Address with PIN],
…Respondent
PETITION
UNDER SECTION 13(1)(i) & (ia) OF THE HINDU MARRIAGE ACT, 1955 FOR
DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE ON THE GROUNDS OF ADULTERY AND
CRUELTY
The
humble Petition of the Petitioner above named:
MOST
RESPECTFULLY SHOWETH:
- That
the marriage between
the Petitioner and the Respondent was solemnized on ___ (date) at ___
(place) according to Hindu rites and ceremonies. The marriage certificate
was duly issued by the competent marriage registrar.
- That
after the marriage,
the parties cohabited as husband and wife at the Petitioner’s matrimonial
home situated at ___ (address), where the marriage was consummated.
- That
initially,
the marital life was cordial for a short period, but soon thereafter, the
behaviour of the Respondent changed drastically, and he started treating
the Petitioner with cruelty, both mental and physical.
- That
the Respondent, without any reasonable cause, started abusing, insulting,
and humiliating the Petitioner on trivial matters. He frequently returned
home drunk, subjected the Petitioner to verbal abuse, and on several
occasions, assaulted her physically, causing immense pain and trauma.
- That
the Respondent also pressurized the Petitioner to bring more dowry and money
from her parental home, and on her refusal, he and his family members
ill-treated her, deprived her of food, and expelled her from the
matrimonial house on multiple occasions.
- That
the Respondent has been maintaining an adulterous relationship with one Ms. ___ (name if
known) residing at ___ (address). The Petitioner came to know of this
illicit relationship from neighbours and through messages, photographs,
and call details which clearly indicate the Respondent’s adulterous
conduct.
- That
despite repeated requests and advice from elders and relatives, the Respondent
continued his adulterous association and even brought the said woman to
the matrimonial home in the absence of the Petitioner, which caused her
extreme mental agony, shame, and humiliation.
- That
the Respondent’s continuous cruel conduct, infidelity, and disregard for
the marital relationship
have made it impossible for the Petitioner to live with him any longer.
- That
due to the repeated acts of cruelty and adultery, the Petitioner was compelled
to leave the matrimonial home on ___ (date) and since then the parties
have been living separately. There has been no cohabitation or
reconciliation between them.
- That
there is no collusion
between the Petitioner and the Respondent in filing this petition, and the
Petitioner has not condoned the acts of adultery or cruelty committed by
the Respondent.
- That
the cause of action
for filing this petition first arose on the dates when the Respondent
committed the acts of adultery and cruelty and continues to subsist as the
Respondent persists in such behaviour.
- That
the marriage between the parties was solemnized and the parties last
resided together
within the territorial jurisdiction of this Hon’ble Court; hence, this
Hon’ble Court has the jurisdiction to entertain and try this petition.
- That
the requisite court fee
has been paid as per the Court Fees Act and rules applicable.
PRAYER
In
view of the facts and circumstances stated above, the Petitioner most
respectfully prays that this Hon’ble Court may kindly be pleased to:
- Pass
a decree of divorce
under Section 13(1)(i) & (ia) of the Hindu Marriage Act, 1955, thereby
dissolving the marriage between the Petitioner and the Respondent
solemnized on ___ (date) at ___ (place);
- Grant
permanent alimony or maintenance
as deemed just and proper under Section 25 of the Hindu Marriage Act,
1955;
- Grant
permanent injunction,
restraining the Respondent from contacting, threatening, or interfering
with the Petitioner’s life and liberty;
- Award
costs of the
proceedings to the Petitioner; and
- Pass
such other or further orders
as this Hon’ble Court may deem fit and proper in the interest of justice.
VERIFICATION
I,
[Name of the Petitioner], the Petitioner above named, do hereby verify
that the contents of paragraphs 1 to 13 of this petition are true to my
personal knowledge and belief and that nothing material has been concealed
therefrom.
Verified
at [City Name] on this ___ day of [Month], 2025.
Signature
of the Petitioner
([Name of Petitioner])
Through
Counsel,
[Name of Advocate]
Enrolment No.: _______
Chamber No.: _______
Family Court, [City], [State]
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