Family and matrimonial

Application for restoration of mutual divorce petition dismissed for non-appearance

Name: Justis AI
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IN THE COURT OF Name of the court

MISC. APPLICATION NO. Miscellaneous application number OF 20__

PETITION NO. Petition number OF 20__

IN THE MATTER OF:

Petitioner no. 1's name: PETITIONER NO. 1

VERSUS

Petitioner no. 2's name: PETITIONER NO. 2

APPLICATION ON BEHALF OF THE APPLICANT / PETITIONER NO. 1 FOR RESTORATION OF THE PETITION UNDER SECTION 13(B)(2) OF THE HINDU MARRIAGE ACT, 1955, FILED BY PETITIONER NO. 1 AND PETITIONER NO. 2 FOR GRANT OF DIVORCE BY MUTUAL CONSENT, WHICH WAS DISMISSED ON Date the petition was dismissed DUE TO THE NON-APPEARANCE OF PETITIONER NO. 2, NAMELY Petitioner no. 2's name.

MOST RESPECTFULLY SHOWETH:

1.That the applicant / petitioner no. 1 respectfully submits that the first motion was recorded on the basis of the statements of the parties made on Date the first motion was recorded, and the first motion was duly allowed.

2.That petitioner no. 1 and petitioner no. 2 thereafter moved the second motion petition on Date the second motion petition was filed, which was duly signed and attested by both petitioner no. 1 and petitioner no. 2.

3.That on Date the second motion was listed for recording of statements, the matter was listed before the Ld. Principal Judge, Family Court, for recording the statements of both parties; however, petitioner no. 2 failed to appear before the Hon'ble Court, and owing to his non-appearance, the matter was adjourned to Date the petition was dismissed for recording the statements of both parties in order to enable the grant of the decree of divorce.

4.That on Date the petition was dismissed, petitioner no. 2 again failed to appear before the Hon'ble Court, and in consequence, the Hon'ble Court declined the prayer of petitioner no. 1 for grant of the decree of divorce in the absence of recording of the statements of both parties, as the petition had been filed on the basis of mutual consent.

5.That by means of the present application, petitioner no. 1 most respectfully prays before this Hon'ble Court that, inasmuch as the matter was settled mutually between the parties and the first motion was allowed on the basis of that settlement, whereby petitioner no. 2 was obliged to pay an amount of Permanent alimony amount payable by petitioner no. 2 to petitioner no. 1 towards permanent alimony for her past, present and future, petitioner no. 2 nevertheless failed to appear before the Hon'ble Court at the time of recording of the second motion statement.

6.That it is respectfully submitted that petitioner no. 2 is deliberately abstaining from appearing before this Hon'ble Court in order to evade payment of the alimony amount to petitioner no. 1, having obtained the benefit of the first motion. Petitioner no. 2 has thus acted to the detriment of petitioner no. 1, inasmuch as he seeks a divorce without discharging his obligation to pay the alimony amount to petitioner no. 1.

7.That petitioner no. 1 most respectfully prays before this Hon'ble Court that the petition under Section 13(B)(2) of the Hindu Marriage Act, 1955 may kindly be restored, and a decree of divorce may be passed in the absence of petitioner no. 2, inasmuch as the second motion petition was duly filed under the signature of, and with the consent of, petitioner no. 2.

8.That as per the judgment of the Rajasthan High Court, the second motion may be allowed in the absence of either of the parties in a case where the first motion has been granted with the consent of the parties. A copy of the said judgment of the Rajasthan High Court is annexed herewith for the kind perusal of this Hon'ble Court.

PRAYER:

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to restore the petition under Section 13(B)(2) of the Hindu Marriage Act, 1955 and pass a decree of divorce in the absence of petitioner no. 2, inasmuch as the second motion petition was duly filed under the signature of, and with the consent of, petitioner no. 2, in the interest of justice.

It is, therefore, most respectfully prayed accordingly.

Place of signingPETITIONER

THROUGH

DATED: Date

Petitioner no. 1's signature

Petitioner no. 1's advocate details

IN THE COURT OF Name of the court

MISC. APPLICATION NO. Miscellaneous application number OF 20__

PETITION NO. Petition number OF 20__

IN THE MATTER OF:

Petitioner no. 1's name: PETITIONER NO. 1

VERSUS

Petitioner no. 2's name: PETITIONER NO. 2

MOST RESPECTFULLY SHOWETH:

PRAYER:

It is, therefore, most respectfully prayed accordingly.

Place of signingPETITIONER

THROUGH

DATED: Date

Petitioner no. 1's signature

Petitioner no. 1's advocate details

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IN THE COURT OF THE HON'BLE DISTRICT JUDGE, DISTRICT District name, TIS HAZARI COURTS, DELHI

DV APPEAL NO. DV appeal number OF 20Year of appeal

IN THE MATTER OF :-

Appellant's name: APPELLANT

VERSUS

Respondent's name: RESPONDENT

INDEX

S.NO.	PARTICULARS	PAGES
1.	MEMO OF PARTIES
2.	APPEAL UNDER SECTION 29 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, ALONG WITH AFFIDAVIT.
3.	LIST OF DOCUMENTS.
4.	APPLICATION ON BEHALF OF THE APPELLANT SEEKING IMMEDIATE STAY OF THE ORDER DATED Date of the impugned judgment/order PASSED BY THE LEARNED M.M., MAHILA COURT, Name of the trial court in which the impugned order was passed, DELHI, IN CASE BEARING NO. Trial case number (MC number) TITLED "Complainant's name in trial case VS. Respondent's name in trial case", UNDER SECTION 29 OF THE PWDV ACT, 2005, FILED ON BEHALF OF THE APPELLANT, ALONG WITH AFFIDAVIT.

Family and matrimonial

Appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 with stay application and affidavits

IN THE COURT OF Judge's name, LD. SCJ-CUM-RC, TIS HAZARI COURTS, DELHI.

CASE NO. RAC-Case number (RAC)/Year of case number.

IN THE MATTER OF:

Petitioner's name: PETITIONER

VERSUS

Respondent's name: RESPONDENT

APPLICATION ON BEHALF OF THE APPLICANT / RESPONDENT SEEKING SUPPLY OF THE COMPLETE SET OF DOCUMENTS FILED BY THE PETITIONER IN SUPPORT OF THE PETITION.

MOST RESPECTFULLY SHOWETH:-

1.That the aforesaid petition was filed by the petitioner before this Hon'ble Court, and the same is fixed for Date fixed for hearing.

2.That on Date of issuance of court notice, a notice was issued by this Hon'ble Court to the respondent, and the same was received on Date of receipt of notice. After receipt of the notice, the respondent engaged counsel to contest the present proceedings, and upon perusal of the file, counsel found that the complete set of documents had not been supplied along with the summons by the petitioner.

Family and matrimonial

Application by respondent for supply of complete set of documents filed with the petition

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT,

SAKET DISTRICT COURT, DELHI

In re: -

Petitioner's name… Petitioner

Versus

Respondent's name… Respondent

Application on behalf of the Respondent, Respondent's name, seeking a direction to the Petitioner to furnish important documents before this Hon’ble Court, in accordance with the directions of the Hon’ble High Court of Delhi in its judgment.

MOST RESPECTFULLY SHOWETH: -

1.That the above-noted case is pending before this Hon’ble Court and is fixed for Date of next hearing (day).Date of next hearing (month).Year of next hearing.

2.That, as per the directions of the Hon’ble High Court of Delhi, a detailed income affidavit is required to be filed by both parties, i.e., the Petitioner and the Respondent, in matters under Section 125 Cr.P.C., Section 12 of the DV Act, and Section 13 of the HMA, together with directions to submit the requisite information in a proper format, in the form of an affidavit duly sworn, along with all documents pertaining to the income and expenditure of the parties. In the present matter, the Petitioner has not complied with the directions of the Hon’ble High Court and has filed a detailed income affidavit containing incomplete information, and that too without filing the requisite documents.

Family and matrimonial