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PETITION ON BEHALF OF THE PETITIONERS UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE

Download PETITION ON BEHALF OF THE PETITIONERS UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE format in India. Ready-to-use legal draft for Criminal & Bail.

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

H.M.A. PETITION ____20XX

In the matter of:

XXXXXXX ...PETITIONER

  

VERSUS

XXXXXXX ...RESPONDENT

  

  

I N D E X

S.NO PARTICULARS C.FEE PAGES

  1.  Memo of parties.

  2.  Petition under section 13(1)(ib)

of HMA for dissolution of marriage

along with affidavits.

  1.  List of documents

  2.  Vakalatnama.

DELHI. PETITIONER

DATED THROUGH

  

      (XXXXXXXXXXXXX)

      OFFICE:- XXXXXX

      MOB: XXXXXXXXX

      Email:XXXXXXXXX

  

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

H.M.A. PETITION ____20XX

In the matter of:

XXXXXXX ...PETITIONER

  

VERSUS

XXXXXXX ...RESPONDENT

MEMO OF PARTIES

SH. XXXXXXXXXXX

S/O XXXXXXXXXXX

R/O XXXXXXXXXX,

XXXXXXXXXXXXXX ….PETITIONER

  

VERSUS

SMT. XXXXX

W/O XXXXXXXXXXXX

D/O XXXXXXXXXXX

R/O XXXXXXXXXXX ....RESPONDENT

DELHI. PETITIONER

DATED THROUGH

      (XXXXXXXXXX)

      OFFICE:XXXXXX

      MOB:XXXXXXX

      Email:XXXXXXX

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

H.M.A. PETITION ____20XX

IN THE MATTER OF :-

SH. XXXXXXX

S/O SH.XXXXXXXXX

R/XXXXXXXXXXXXX ….. PETITIONER

VERSUS

SMT. XXXXXXXXX

W/O SH. XXXXXXXXXX

D/O SH. XXXXXXXXXX

R/O XXXXXXXXXXXXX ….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 this petition was solemnized on XXXXXXX in accordance with Hindu Rites, Ceremonies at Distt Chandauli, U.P, The marriage was consummated but no child has been born from 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 this petition were/ are as follows:-

BEFORE THE MARRIAGE

HusbandWife
STATUS & AGERESIDENCESTATUS & AGERESIDENCE
HINDU, BACHELOR,

XX YEARS,		H.NO. XXXXXXXXXXXXXXXXXXHINDU, VIRGIN,

XXX YEARS,		VILLAGE XXXXXXXXXXXXXXXX

AT TIME OF FILING THE PRESENT PETITION

HusbandWife
STATUS & AGERESIDENCESTATUS & AGERESIDENCE
HINDU, BACHELOR,

XX YEARS,		H.NO. XXXXXXXXXXXXXXXXXXHINDU, VIRGIN,

XXX YEARS,		VILLAGE XXXXXXXXXXXXXXXX

  1. That the respondent is a very much adamant lady and very much dominated in her family as well tried to dominate in the petitioner’s family and used to quarrel with the petitioner with petty issues and most of the time, she lived with her parents’s home and so many times the petitioner went to the take the respondent but always she denied to accompany with the petitioner and always made excuse that she wanted to live in her home only and don’t like the life of Delhi since she is not able to adjust in Delhi.

  2. That due to the temperamental differences and behavior of the parties hereto, they could not live together much longer as husband and wife, and petitioner and respondent have been living separately permanently from each other since XXXXXXXX

  3. That all the efforts of reconciliation made by family members, relatives & friends of petitioner and respondent have failed, and there was no possibility of their reconciliation in future. As such the petitioner and respondent have finally decided to obtain divorce with mutual consent.

  4. That at time of first motion of divorce between the petitioner and respondent were arrived to the settlement of their own free will and without any threat, compulsion or coercion from any corner and both the parties shall not interfere in their peaceful life anymore in future.

  5. That at the time of first motion of divorce for the above said reasons, petitioner no. 1 and the Respondent were given their respective consent for the dissolution of the marriage by mutual consent, which is given by them on their own free will, sound mind without any coercion or undue influence or any violation or any force.

  6. That at the time of first motion of divorce petitioner and respondent have settled all their claims and disputes with each other amicably with regard to Istridhan, maintenance and permanent alimony.

  7. That it was also undertaken by petitioner and respondent hereto that they will work for the compromise with mutual understanding and co-operation.

  8. That a joint petition Under Section 13(B)(1)  (HMA No. 368/11) of the Hindu Marriage Act was also filed on XXXXXX. Both the parties appeared before the Court of learned Addl. District Judge, XXXXXX on XXXXXX and statements were recorded of petitioner and respondent and order for First motion of divorce has been passed by Hon’ble Court in favour of petitioner and respondent.

  9. That the affidavit dated XXXXXXX is also annexed with the petition of first motion of divorce filed by respondent that due to temperamental differences and attitude she could able to live together and wanted to separate mutually amicably by way of decree of divorce with her sweet will and consent without any pressure.

  10. That after the period of six months of first motion of divorce, the petitioner and respondent signed the petition for second motion of divorce U/S 13(B)(2) and signed the supporting affidavits on XXXXXXX of the petition and filing the petition but on the eleventh hour the respondent denied to file the petition in the hon’ble court and wife/respondent is avoiding the second motion of divorce. Petitioner-Husband had already fulfilled all his obligations and liabilities against respondent-wife and returned all the articles i.e entire istridhan etc, which was received by the respondent and admitted in the petition of first motion of divorce and also admitted in her affidavit.

  11. That respondent/wife is not ready to join the company of petitioner from last 4 years and petitioner has deserted by the respondent for continuous of more than 4 years.

  12. That respondent/wife is misusing the process of this court and respondent did not turn up for the second motion of divorce after repeated reminders from petitioner- husband and disserting, harassing the petitioner-husband.

  13. That both the parties living separately since XXXXXXX and it is admitted fact by the respondent in the petition of mutual consent of divorce and petitioner- husband already fulfilled all the conditions of first motion petition of divorce.

  14. That the petitioner is residing at Delhi & the first motion of divorce u/s 13 (B)(1) was passed by the Hon’ble ADJ-03, Tis hazari courts, Delhi, hence this Hon’ble Court has got the jurisdiction to try and decide the present petition.

  15. That there is no similar or any other proceeding with regard to the dissolution of the instant marriage has taken place in this Hon’ble Court or any other Court of Law.

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

      P R A Y E R

It is most respectfully prayed that this court may accept the present petition U/s 13(1)(ib) of HMA and grant a decree of divorce to the petitioner on the ground of desertion in the interest of justice.

Any other order, which this court may deem fit and proper to pass in favour of petitioner and against the respondent in the interest of justice.

DELHI. PETITIONER

DATED THROUGH

      (XXXXXXXXXXXXX)

      OFFICE:- XXXXXX

      MOB: XXXXXXXXX

      Email:XXXXXXXXX

  

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

H.M.A. PETITION ____20XX

In the matter of:

XXXXXXX ...PETITIONER

  

VERSUS

XXXXXXX ...RESPONDENT

AFFIDAVIT

I, XXXXX S/o XXXXXXXX R/o XXXXXXXXX, XXXXXXXXXXX, 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 XXXXXX at U.P and out of the wedlock no issue was born.

  3.         That there is irretrievable break down of the marriage due to incompatible behavior, conduct and temperament of the parties.  Accordingly, the parties to the petition have been living separately since XXXXXXX and have not been able to live together or cohabited 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 contents have been read over and explained to me in my vernacular, which I have understood and are true and correct.

      Deponent

Verification:

Verified at Delhi on the day of ______, March 20XX that the contents of the above affidavit are true and correct and nothing has been concealed there from.

      Deponent

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

H.M.A. PETITION ____20XX

In the matter of:

XXXXXXX ...PETITIONER

  

VERSUS

XXXXXXX ...RESPONDENT

LIST OF DOCUMENTS

S.NO PARTICULARS PAGES

  1.  XXXXXXXXXXXXX

  2.  XXXXXXXXXXXXX

  3.  XXXXXXXXXXXXX

  4.  XXXXXXXXXXXXX

  5.  XXXXXXXXXXXXX

DELHI. PETITIONER

DATED THROUGH

      (XXXXXXXXXXXXX)

      OFFICE:- XXXXXX

      MOB: XXXXXXXXX

      Email:XXXXXXXXX

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