Divorce
Petition by Hindu Wife on the Grounds of Cruelty

IN
THE FAMILY COURT BANDRA, MUMBAI

M.J.
PETITION NO. ___ of ____

Smt.
___________,

daughter
of ___________,

aged
_______ years, residing at ___________ Petitioner.

Versus

XYZ,
son of _________,

_______
years of age,

residing
at _________,

carrying
on __________ business…… Respondent.

 


In the matter of dissolution of marriage under Section 13 of the Hindu Marriage
Act, 1956:


And


In the matter of the Family Courts Act, 1954;


And


In the matter of Divorce of the Petitioner with the Respondent on grounds of
cruelty.

TO,

THE
HON”BLE PRINCIPAL JUDGE

AND
OTHER JUDGES OF THIS

HON”BLE
COURT.


THE HUMBLE PETITION OF


THE PETITIONER ABOVENAMED

MOST
RESPECTFULLY SHEWETH:

1.     That the Petitioner
and the Respondent were lawfully married according to traditional Hindu Vedic
rites on the ______ day of __02 at the ______ in Mumbai. Hereto annexed and
marked Exhibit ‘A’ is a copy of the marriage certificate evidencing the said
marriage.

2.     The Petitioner and
the Respondent are Hindu by birth and they continue to be so.

3.     After the said
marriage, the Petitioner and the Respondent cohabited and lived together at the
Petitioner’s house for about six years. There were two issues out of this
marriage viz. LML (son of ________ years of age) and HIJ (daughter of ___ years
of age).

4.     The Petitioner states
that from the month of ___ 02, the Respondent began to ill-treat the
Petitioner, and from the month of _____02, began to physically assault the
Petitioner without any cause whatsoever. For some time, the Petitioner made no
complaint and underwent such ill-treatment, hoping that the Defendant would see
better sense. However, on or about ____month of 02, the Respondent attacked the
Petitioner with a stick and inflicted serious injuries leading to multiple
fractures in hand and leg of the Petitioner. The Petitioner thereupon lodged a
complaint at the ____ Police Station, being complaint No. ___. The Petitioner
craves leave to refer to and rely upon a copy of the said complaint when
produced.

5.     The Petitioner says
that as a result of the aforesaid injury inflicted on the Petitioner by the
Respondent, the Petitioner had to be hospitalized for six days. The Petitioner
craves leave to refer to and rely upon the Medical Certificate issued by Dr.
____ who treated the Petitioner at ______ Hospital.

6.     The petitioner says
that even thereafter, the Respondent continued to treat the Petitioner in a
cruel and violent manner. The Petitioner says that such cruelty has cause an
apprehension in the mind of the Petitioner that it will be harmful and
injurious for the Petitioner to continue to live with the respondent.

7.     There is no collusion
or connivance between the Petitioner and the Respondent in filing this
Petition.

8.     The Petitioner is
claiming alimony @ Rs. —- per month from the Respondent.

9.     No other proceedings
with respect to the marriage between the Petitioner and the Respondent have
been filed in this Honorable Court or in any other Court in India.

10.  The Petitioner and
the Respondent were married in Mumbai and last cohabited in Mumbai within the
territorial limits of the jurisdiction to entertain, try and dispose of the
present Petition.

11.  The Petitioner being
a lady is exempt from payment of Court fees.

12.  The Petitioner will
rely on documents, a list whereof is annexed hereto.

The
Petitioner therefore prays:

·        
That
this Honorable Court be pleased to decree a dissolution of the said marriage
between the Petitioner and the Respondent;

·        
That
the Petitioner be granted alimony @ Rs. _______/- per month;

·        
That
the Respondent be ordered and decreed to pay to the Petitioner the costs of
this Petition; and

·        

In
the alternate to prayer (c) above, the Respondent be directed to give the
Petitioner a sum of Rs. ________/- so as to enable her to purchase suitable
accommodation for herself;

·        
That
pending the hearing and final disposal of this petition, the Respondent be
directed to provide the Petitioner with a monthly allowance of Rs. ____/- to
meet her personal expenses and the expenses of running the matrimonial home;

·        
For
such further and other reliefs as the nature and circumstances of the case may
require.

Petition
drawn by:

Mr.
ABC,

Advocate,
Sd/- Petitioner

High
Court, Mumbai.

VERIFICATION

I,
___________, the Petitioner above named, do hereby solemnly declare and say
that what is contained in paragraphs _________ to __________ is true to my
knowledge and that what is state in paragraphs _______ to _______ is stated on
legal advice and I believe the same to be true.

______
day of ____02. Sd/-

Before
me,

Registrar/Superintendent,

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