Family and matrimonial

Divorce petition under Section 13(1)(ib) Hindu Marriage Act on ground of desertion

0 of 42 blanks filled

IN THE COURT OF THE LD. PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI COURTS, DELHI

H.M.A. PETITION HMA petition number/Year

In the matter of:

Petitioner's name…PETITIONER

VERSUS

Respondent's name…RESPONDENT

I N D E X

S.NO	PARTICULARS	C.FEE	PAGES
1.	Memo of parties.

Petition under Section 13(1)(ib) of the Hindu Marriage Act for dissolution of marriage, along with affidavits.

List of documents.

Vakalatnama.

DELHI.PETITIONER

DATEDTHROUGH

(Counsel's name)

OFFICE: Counsel's office address

MOB: Counsel's mobile number

Email: Counsel's email address

IN THE COURT OF THE LD. PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI COURTS, DELHI

H.M.A. PETITION HMA petition number/Year

In the matter of:

Petitioner's name…PETITIONER

VERSUS

Respondent's name…RESPONDENT

MEMO OF PARTIES

SH. Petitioner's name

S/O Petitioner's father's name

R/O Petitioner's address…PETITIONER

VERSUS

SMT. Respondent's name

W/O Respondent's husband's name

D/O Respondent's father's name

R/O Respondent's address…RESPONDENT

DELHI.PETITIONER

DATEDTHROUGH

(Counsel's name)

OFFICE: Counsel's office address

MOB: Counsel's mobile number

Email: Counsel's email address

IN THE COURT OF THE LD. PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI COURTS, DELHI

H.M.A. PETITION HMA petition number/Year

IN THE MATTER OF:-

SH. Petitioner's name

S/O SH. Petitioner's father's name

R/O Petitioner's address…PETITIONER

VERSUS

SMT. Respondent's name

W/O SH. Respondent's husband's name

D/O SH. Respondent's father's name

R/O Respondent's address…RESPONDENT

PETITION UNDER SECTION 13(1)(ib) OF THE HINDU MARRIAGE ACT, 1955 FOR THE GRANT OF DIVORCE ON THE GROUND OF DESERTION

1.That the marriage between the parties to the present petition was solemnized on Date of marriage at Place of marriage in accordance with Hindu rites and ceremonies. The marriage was consummated, but no child has been born out of the said wedlock.

2.That the status, age and place of residence of the parties to the marriage, before the marriage and at the time of filing of the present petition, were/are as follows:-

BEFORE THE MARRIAGE

Husband

Wife

STATUS & AGE

RESIDENCE

STATUS & AGE

RESIDENCE

HINDU, BACHELOR, Husband's age before marriage YEARS

H.NO. Husband's residence before marriage

HINDU, VIRGIN, Wife's age before marriage YEARS

VILLAGE Wife's residence before marriage

AT THE TIME OF FILING THE PRESENT PETITION

Husband

Wife

STATUS & AGE

RESIDENCE

STATUS & AGE

RESIDENCE

HINDU, BACHELOR, Husband's age at filing YEARS

H.NO. Husband's residence at filing

HINDU, VIRGIN, Wife's age at filing YEARS

VILLAGE Wife's residence at filing

3.That the respondent is of a very adamant disposition and was dominating within her own family, while also attempting to dominate the petitioner's family. She used to quarrel with the petitioner over petty issues and, for the most part, resided at her parents' home. On numerous occasions the petitioner went to bring the respondent back, but she refused to accompany him and repeatedly made the excuse that she wished to live only at her parental home, as she did not like life in Delhi and was unable to adjust there.

4.That owing to the temperamental differences and conduct of the parties hereto, they could not live together for long as husband and wife, and the petitioner and the respondent have been living separately from each other, permanently, since Date of separation.

5.That all efforts at reconciliation made by the family members, relatives and friends of the petitioner and the respondent have failed, and there remains no possibility of reconciliation between them in future. The petitioner and the respondent therefore finally decided to obtain a divorce by mutual consent.

6.That at the time of the first motion of divorce, the petitioner and the respondent arrived at a settlement of their own free will, without any threat, compulsion or coercion from any quarter, and it was agreed that neither party shall interfere in the other's peaceful life in future.

7.That at the time of the first motion of divorce, for the reasons stated above, the petitioner and the respondent gave their respective consent for the dissolution of the marriage by mutual consent, such consent being given by them of their own free will, while of sound mind, and without any coercion, undue influence, force or violation of any kind.

8.That at the time of the first motion of divorce, the petitioner and the respondent amicably settled all their claims and disputes inter se with regard to Istridhan, maintenance and permanent alimony.

9.That it was also undertaken by the petitioner and the respondent hereto that they would work towards the compromise with mutual understanding and co-operation.

10.That a joint petition under Section 13(B)(1) of the Hindu Marriage Act (HMA No. First motion petition number (HMA No.)) was also filed on Date of filing first motion petition. Both parties appeared before the Court of the learned Additional District Judge, Court of first motion proceedings, on Date of first motion appearance, and the statements of the petitioner and the respondent were recorded, whereafter the order for the first motion of divorce was passed by the Hon'ble Court in favour of the petitioner and the respondent.

11.That the affidavit dated Date of respondent's affidavit, annexed with the first-motion petition of divorce and filed by the respondent, records that owing to temperamental differences and attitude she was unable to live with the petitioner and wished to separate mutually and amicably by way of a decree of divorce, of her own sweet will and consent, without any pressure.

12.That after the expiry of the period of six months from the first motion of divorce, the petitioner and the respondent signed the petition for the second motion of divorce under Section 13(B)(2), together with the supporting affidavits, on Date of signing second motion papers, for filing the said petition. However, at the eleventh hour, the respondent refused to file the petition in the Hon'ble Court and has been avoiding the second motion of divorce. The petitioner-husband had already fulfilled all his obligations and liabilities towards the respondent-wife and had returned all the articles, i.e. the entire Istridhan etc., which were received by the respondent and were admitted in the first-motion petition of divorce as well as in her affidavit.

13.That the respondent/wife has not been ready to join the company of the petitioner for the last Period of desertion, and the petitioner has been deserted by the respondent continuously for a period of more than Period of desertion.

14.That the respondent/wife is misusing the process of this Court. The respondent failed to appear for the second motion of divorce despite repeated reminders from the petitioner-husband, and is thereby deserting and harassing the petitioner-husband.

15.That both parties have been living separately since Date of separation, which fact stands admitted by the respondent in the mutual-consent divorce petition, and the petitioner-husband has already fulfilled all the conditions of the first-motion petition of divorce.

16.That the petitioner is residing at Delhi, and the first motion of divorce under Section 13(B)(1) was passed by the Hon'ble Court of first motion proceedings; hence this Hon'ble Court has jurisdiction to try and decide the present petition.

17.That no similar or other proceeding with regard to the dissolution of the instant marriage has been instituted in this Hon'ble Court or in any other Court of law.

18.That the appropriate court fee, as required under the law, has been paid on the present petition.

P R A Y E R

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to accept the present petition under Section 13(1)(ib) of the Hindu Marriage Act and grant a decree of divorce to the petitioner on the ground of desertion, in the interest of justice.

Any other order which this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioner and against the respondent, in the interest of justice.

DELHIPETITIONER

DatedThrough

(Counsel's name)

Office: Counsel's office address

Mobile: Counsel's mobile number

Email: Counsel's email address

IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI COURTS, DELHI

H.M.A. Petition HMA petition numberYear

In the matter of:

Petitioner's name...PETITIONER

VERSUS

Respondent's name...RESPONDENT

AFFIDAVIT

I, Deponent's name, S/o Deponent's father's name, R/o Deponent's address, Deponent's city or state, do hereby solemnly affirm and declare as under:

1.That the deponent is the Petitioner in the above-named petition and is fully conversant with the facts and circumstances of the case.

2.That the marriage between the parties was solemnized on Date of marriage at Place of marriage, and no issue was born out of the said wedlock.

3.That there has been an irretrievable breakdown of the marriage owing to the incompatible behaviour, conduct and temperament of the parties. Consequently, the parties to the petition have been living separately since Date of separation and have neither lived nor cohabited together since then, and the Petitioner has been deserted by the Respondent for a continuous period of more than four years.

4.That the accompanying petition has been drafted by my counsel under my instructions, and its contents have been read over and explained to me in my vernacular, which I have understood, and the same are true and correct.

Deponent

VERIFICATION:

Verified at Delhi on this Day of verification (March 20XX) day of March, Year, that the contents of the above affidavit are true and correct, and nothing material has been concealed therefrom.

Deponent

IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI COURTS, DELHI

H.M.A. Petition HMA petition numberYear

In the matter of:

Petitioner's name...PETITIONER

VERSUS

Respondent's name...RESPONDENT

LIST OF DOCUMENTS

S.NO	PARTICULARS PAGES
1.	First document name

2.	Second document name

3.	Third document name

4.	Fourth document name

5.	Fifth document name

DELHIPETITIONER

DatedThrough

(Counsel's name)

Office: Counsel's office address

Mobile: Counsel's mobile number

Email: Counsel's email address

IN THE COURT OF THE LD. PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI COURTS, DELHI

H.M.A. PETITION HMA petition number/Year

In the matter of:

Petitioner's name…PETITIONER

VERSUS

Respondent's name…RESPONDENT

I N D E X

S.NO	PARTICULARS	C.FEE	PAGES
1.	Memo of parties.

Petition under Section 13(1)(ib) of the Hindu Marriage Act for dissolution of marriage, along with affidavits.

List of documents.

Vakalatnama.

DELHI.PETITIONER

DATEDTHROUGH

(Counsel's name)

OFFICE: Counsel's office address

MOB: Counsel's mobile number

Email: Counsel's email address

IN THE COURT OF THE LD. PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI COURTS, DELHI

H.M.A. PETITION HMA petition number/Year

In the matter of:

Petitioner's name…PETITIONER

VERSUS

Respondent's name…RESPONDENT

MEMO OF PARTIES

SH. Petitioner's name

S/O Petitioner's father's name

R/O Petitioner's address…PETITIONER

VERSUS

SMT. Respondent's name

W/O Respondent's husband's name

D/O Respondent's father's name

R/O Respondent's address…RESPONDENT

DELHI.PETITIONER

DATEDTHROUGH

(Counsel's name)

OFFICE: Counsel's office address

MOB: Counsel's mobile number

Email: Counsel's email address

IN THE COURT OF THE LD. PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI COURTS, DELHI

H.M.A. PETITION HMA petition number/Year

IN THE MATTER OF:-

SH. Petitioner's name

S/O SH. Petitioner's father's name

R/O Petitioner's address…PETITIONER

VERSUS

SMT. Respondent's name

W/O SH. Respondent's husband's name

D/O SH. Respondent's father's name

R/O Respondent's address…RESPONDENT

PETITION UNDER SECTION 13(1)(ib) OF THE HINDU MARRIAGE ACT, 1955 FOR THE GRANT OF DIVORCE ON THE GROUND OF DESERTION

2.That the status, age and place of residence of the parties to the marriage, before the marriage and at the time of filing of the present petition, were/are as follows:-

BEFORE THE MARRIAGE

Husband

Wife

STATUS & AGE

RESIDENCE

STATUS & AGE

RESIDENCE

HINDU, BACHELOR, Husband's age before marriage YEARS

H.NO. Husband's residence before marriage

HINDU, VIRGIN, Wife's age before marriage YEARS

VILLAGE Wife's residence before marriage

AT THE TIME OF FILING THE PRESENT PETITION

Husband

Wife

STATUS & AGE

RESIDENCE

STATUS & AGE

RESIDENCE

HINDU, BACHELOR, Husband's age at filing YEARS

H.NO. Husband's residence at filing

HINDU, VIRGIN, Wife's age at filing YEARS

VILLAGE Wife's residence at filing

9.That it was also undertaken by the petitioner and the respondent hereto that they would work towards the compromise with mutual understanding and co-operation.

17.That no similar or other proceeding with regard to the dissolution of the instant marriage has been instituted in this Hon'ble Court or in any other Court of law.

18.That the appropriate court fee, as required under the law, has been paid on the present petition.

P R A Y E R

Any other order which this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioner and against the respondent, in the interest of justice.

DELHIPETITIONER

DatedThrough

(Counsel's name)

Office: Counsel's office address

Mobile: Counsel's mobile number

Email: Counsel's email address

IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI COURTS, DELHI

H.M.A. Petition HMA petition numberYear

In the matter of:

Petitioner's name...PETITIONER

VERSUS

Respondent's name...RESPONDENT

AFFIDAVIT

I, Deponent's name, S/o Deponent's father's name, R/o Deponent's address, Deponent's city or state, do hereby solemnly affirm and declare as under:

1.That the deponent is the Petitioner in the above-named petition and is fully conversant with the facts and circumstances of the case.

2.That the marriage between the parties was solemnized on Date of marriage at Place of marriage, and no issue was born out of the said wedlock.

Deponent

VERIFICATION:

Verified at Delhi on this Day of verification (March 20XX) day of March, Year, that the contents of the above affidavit are true and correct, and nothing material has been concealed therefrom.

Deponent

IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI COURTS, DELHI

H.M.A. Petition HMA petition numberYear

In the matter of:

Petitioner's name...PETITIONER

VERSUS

Respondent's name...RESPONDENT

LIST OF DOCUMENTS

S.NO	PARTICULARS PAGES
1.	First document name

2.	Second document name

3.	Third document name

4.	Fourth document name

5.	Fifth document name

DELHIPETITIONER

DatedThrough

(Counsel's name)

Office: Counsel's office address

Mobile: Counsel's mobile number

Email: Counsel's email address

1 / 1

All templates

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