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- Format of Affidavit to be filed with application for registration of Marriage under Hindu Marriage Act
AFFIDAVIT We (1) Mr. _______________ S/o ______________of _____________, Police Station __________________ District ____________ Aged about_____ Years, by Religion _________, by Profession__________ , a citizen of India, And (2) Mrs. _________________, D/o _________________ of _________________, Police Station _________________ District _________________ Aged about ___Years, by Religion _________________, by Profession_________________, a citizen of India, do hereby solemnly affirm on Oath and jointly declare as under :- (1) Neither of us had a spouse living at the time of Marriage.(2) Neither of us is an idiot or a lunatic at the time of Marriage.(3) The husband had completed age of twenty one years and Wife had completed the Eighteen Years:- ,the husband had completed the aged of Twentyone _________ , the wife had completed the age of Eighteen years at the time of marriage and the consent of the guardians of the wife, viz_________ ________________ _______ hereunder the name and parentage and relationship of the guardians had been obtained for the marriage.(4) We are not within the degrees of prohibited relationship according to the custom of usage having the force of law governing each of us/Marriage between us is permitted though we are within the degrees of prohibited relationship. (5) We are not sapindas of each other. (6) Marital status at the time of marriage of the parties:- Husband ___________________ Wife ___________________ We also declare that the above particulars are true to the best of our knowledge and belief. Signature ___________________(Husband) Signature ___________________(Wife) Place ___________________ Dated________ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Format of Affidavit to be filed with application for Dissolution of Muslim Marriage
BEFORE THE HON'BLE ___________ COURT AT _______O.P. No of 20 Mrs. _______________________________ PETITIONER VERSUS MR. ________________________________ RESPONDENT AFFIDAVIT I, ____________________________, Wife of _____________, Daughter of ______ __________________________ , aged______ years, resident of _______________ , do hereby solemnly affirm and state as follows: 1. I say that, I am the deponent above named and I am well acquainted with the facts and circumstances of the case. I am competent to swear to this affidavit. 2. I say that, I and my husband, namely the respondent herein are both Muslims and were married under the Muslim Law at _________, on______20__. 3. I say that, the respondent gone abroad for a job in the year________. There was communication from him for first 6 months. Thereafter I have not received any communication. We have tried to trace him from __________ country, but not information is received yet. 4. That the that whereabouts of the Respondent is not been known for a period of five years. 5. I say that, in view of the aforesaid fact, I am entitled to a decree for dissolution of my marriage with the respondent. 6. It is therefore, in the interest of justice, equity and conscience that this Hon'ble Court may be pleased to issue appropriate orders for the dissolution of marriage. DEPONENT VERIFICATION Verified at on this the _____ day of ,20__ that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom. DEPONENT Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the day of ____,20__ COUNSEL FOR THE DEPONENT Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- APPLICATION UNDER SECTION 127(1) FOR MODIFYING SETTING ASIDE THE ORDER DATED
IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________ CASE NO. __________ OF 20__ IN THE MATTER OF: MR. H_________ APPLICANT VERSUS MRS. W __________ RESPONDENT APPLICATION UNDER SECTION 127(1) FOR MODIFYING / SETTING ASIDE THE ORDER DATED _____________ MOST RESPECTFULLY SHOWETH: The Applicant, above named submits as under: 1. That the Applicant is Husband of the Respondent. 2. That marriage of the Petitioner was solemnized with Respondent on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. 2. That the and the Respondent have been living separately since ___________. 3. That the Respondent had filed Case No__________ of 20___ under Section 125 CrPC in the Court of ______________. 4. That the Hon'ble Court was pleased to grant an interim maintenance of Rs. __________ vide order dated __________ in favour of Respondent in the effect of monthly maintenance. Copy of order dated ____ passed by the Hon'ble Court of ______ attached herewith and marked as Annexure P1 . 5. That the Applicant has been paying the interim maintenance to the Respondent and has been abiding with order of this court.6. That the Applicant submits that with the reference arrears, the sum has been paid in 4 installments. Proof for payment of arrears is attached herewith and marked as Annexure P2. 7. That the Applicant has a pre-existing liability of Home Loan from (______Bank) for a contingent property in New Delhi at (_______ Address), prior to the marriage. Copy of the loan installment schedule is attached herewith and marked as Annexure P2. 8. That the Applicant now has lost job and is searching for a suitable job for lost 3 months. That petitioner is under deep mental and financial stress due to this sudden and unfortunate turn of events. 9. That the material change in circumstances has occurred which give the justification and ground for filing the present application and in these circumstances, principle of natural justice, equity, good conscience, fair trial and fair play in action demand that the material facts should be considered and appreciated while adjudicating upon the application for interim maintenance u/s 125(3) of CrPC to meet the end of justice and the order dated _________ may be varied, modified and reversed. 10. That the respondent has got a job with _______ as __________3 months back and she is getting a salary of Rs. __________. Proof of employment of Respondent is attached herewith and marked as Annexure P2 . 11. That the Applicant is finding it extremely difficult to make both his ends meet since he now has huge burden of liability which needs to remitted to the financial institutions and also to the respondent and it is a double burden for him, apart from managing his own financial liability. 12. That the Applicant submits that he is ready to pay the amount of maintenance as would be calculated and decided as a result of the arguments for interim maintenance and craves a stay on the interim order which was passed in favor of the respondent.13. That the payment of interim maintenance would lead the petitioner to face grave injustice and financial hardships since he would be under a double burden to pay to the financial institutions and to the respondent. 14. That the continuation of order dated _____ may cause grave prejudice to the interest of petitioner. 15. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to: P R A Y E R That the Petitioner, therefore, prays: a) this Hon'ble court may be pleased to varied, modify, quash and set aside the order dated _____ and stay the operation of the order dated ______ till the final disposal of the application on merits.; and b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner. APPLICANT THROUGH ______________., Advocate Place : Date : VERIFICATION I, H, the Applicant, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me. Signed and verified this _______ day of _______ 20 _______ at ______ PETITIONER Format of affidavit to be filed in Support of Application under Section 127(1) of CrPC IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________ CASE NO. __________ OF 20__ IN THE MATTER OF: MR. H_________ PETITIONER VERSUS MRS. W __________ RESPONDENT AFFIDAVIT I, Mr. _______________ aged _________ years, Occupation _______ the Petitioner do solemnly affirm and say as follows: 1. That I am the Applicant in the accompanying Application under Section 127(1) of CrPC and well acquainted with the facts of the case. 2. That I have gone through the contents of the accompanying Application, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity. 3. That the Applicant now has lost job and is searching for a suitable job for lost 3 months. That petitioner is under deep mental and financial stress due to this sudden and unfortunate turn of events. 4. That the respondent has got a job with _______ as __________3 months back and she is getting a salary of Rs. __________. Signed at ___________ this ___________ day of ___________20__ DEPONENT VERIFICATION I, __________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein. Signed and verified this _______ day of _______ 20 _______ at _______ DEPONENT Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)
- PETITION UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955 FOR RESTITUTION OF CONJUGAL RIGHTS
Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-) IN THE COURT OF THE2 _____________ JUDGE AT _________ MATRIMONIAL CASE NO. __________ OF 20__ IN THE MATTER OF: Mr. ALU_________ PETITIONER VERSUS MRS. GOBI __________ RESPONDENT PETITION UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955 FOR RESTITUTION OF CONJUGAL RIGHTS MOST RESPECTFULLY SHOWETH: The Petitioner, above named states as under: 1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P1. 2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under: i) Place of residence before the Marriage ii) Place of residence at the time of filing the Petition 3. That from this marriage, the couple has been blessed with one boy aged 4 years and one girl child aged 2 years. 4. That the Petitioner and his wife were living together happily at our house. That on _______ the respondent went to her fathers house at _______. She gave word to return within 15 days, but she did not abide by her word and has not returned so far. The Respondent without any reasonable excuse, living in the house of her father. 5. That the petitioner went to his father-in-laws house at_______ to bring the respondent, a number of times, but on one pretext or the other, she declined to come along with the petitioner to his house. 6. That lastly the petitioner went to the house of the respondents father at _______ on _______ and asked the respondent to return with him, but she refused to come. 7. That the respondent deserted the petitioner or/and has withdrawn from his company without any reasonable or lawful excuse. Hence the necessity for the petition arose. 8. The Petition is not being presented in collusion with the Respondent. 9. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner. 10. There is no other legal ground as to why the decree of restitution of conjugal rights be not granted in favour of the Petitioner. 11. That no litigation has taken place between the parties to the Petition earlier. 12. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court. 13. That the cause of action accrued to the petitioner against the respondent, within the jurisdiction of this Court, on _______ when the respondent left for her fathers house at _______ and it continues to accrue from day to day till the respondent comes back to the home of the petitioner and resumes his company.. 14. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to: P R A Y E R That the Petitioner, therefore, prays: a) for grant of decree for restitution of conjugal rights in favour of Petition and against the respondent; and b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner. PETITIONER THROUGH ______________., Advocate Place : Date : VERIFICATION I, the above named petitioner, do hereby verify that the contents of this petition in Para No ______ to Para No __________ are true to my personal knowledge and those in Para No _____ to Para No ________ are believed by me to be true.Signed and verified this _______ day of _______ 20 _______ at _______ PETITIONER
- PETITION FOR JUDICIAL SEPARATION UNDER SECTION 10 OF HINDU MARRIAGE ACT
IN THE COURT OF THE _____________ JUDGE AT _________ MATRIMONIAL CASE NO. __________ OF 20__ IN THE MATTER OF: Mr. AA_________ PETITIONER VERSUS MRS. GG __________ RESPONDENT PETITION FOR JUDICIAL SEPARATION UNDER SECTION 10 OF HINDU MARRIAGE ACT MOST RESPECTFULLY SHOWETH: The Petitioner, above named states as under: 1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P1. 2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under: i) Place of residence before the Marriage ii) Place of residence at the time of filing the Petition 3. That from this marriage, the couple has been blessed with one boy aged 6 years and one girl child aged 3 years. That the Children is living with the Respondent. 4. That the Petitioner and his wife were living together happily at the matrimonial house. That on _______ the Petitioner was introduced to a person by his friend. During the conversation it was found that the Respondent is already marred to a third person. The Respondent while marrying the Petitioner not revealed this fact and kept the Petitioner blank. 5. That on _____ first husband of the Respondent reached the house of Petitioner and demanded to send Respondent with him. That on the same day Respondent along with two children have gone with her former husband. 6. That the petitioner has not in any manner condoned the acts complained of or connived. 7. The Petition is not being presented in collusion with the Respondent. 8. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner. 9. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner. 10. That no litigation has taken place between the parties to the Petition earlier. 11. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court. 12. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to: P R A Y E R That the Petitioner, therefore, prays: a) for grant of decree of Judicial Separation in favour of Petition and against the respondent; and b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner. PETITIONER THROUGH ______________., Advocate Place : Date : VERIFICATION I, the above named petitioner, do hereby verify that the contents of this petition in Para No ______ to Para No __________ are true to my personal knowledge and those in Para No _____ to Para No ________ are believed by me to be true.Signed and verified this _______ day of _______ 20 _______ at _______ PETITIONER Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- affidavit-format-kusum-sharma-v-mahinder-kumar-sharma-download
Download Word Document In English. (Rs.70/-) Download PDF Document In Hindi. (Rs.70/-) Download PDF Document In Marathi. (Rs.70/-) IN THE COURT OF _______________________________________ COMPLAINT CASE NO. ______OF ___________ IN THE MATTER OF : ____________________ ………COMPLAINANT VERSUS ______________________ ………….RESPONDENT AFFIDAVIT OF ASSETS, INCOME AND EXPENDITURE OF COMPLAINANT/ RESPONDENT ______________________ AFFIDAVIT I, ___________________ W/o/D/O_________________________________________________, Aged about _________________years, Resident of ______________________________, do hereby solemnly affirm and declare as under: PART - I PERSONAL INFORMATION RELATING TO THE DEPONENT Sl. No. Description Particulars 1. Name 2. Age 3. Date of marriage 4. Date of separation 5. Educational qualifications 6. Professional qualifications 7. Occupation 8. Monthly income (Give details in Part IV) 9. Monthly expenditure (Give details in Part V) 10. Whether you are assessed to Income Tax? 11. Whether you are assessed to Wealth Tax? 12. Whether you have sufficient income to support yourself? 13. If not, whether you have claimed maintenance from your spouse? If so, how much? 14. Whether you are staying in matrimonial home? 15. If not staying in the matrimonial home, relationship and income of the person with whom staying. 16. Members of the family: (a) Dependent (b) Independent 17. Whether your spouse has claimed maintenance from you? If so, how much? 18. Whether you have voluntarily paid or willing to pay maintenance to your spouse? If so, how much? 19. Whether you are willing to pay litigation expenses to your spouse? If so, how much? 20. Particulars of pending litigation between the parties 21. Whether any maintenance order has been passed by any Court? If so, give particulars and attach copies of the order? 22. Whether the maintenance is being paid in terms of the aforesaid order? If so, file the statement of maintenance paid upto date 23. E-mail address 24. Name of your counsel and his/her e-mail address 25. Expenses incurred on this litigation 26. Particulars of the bank account with name and address of the bank for the purpose of payment from or receipt of maintenance, as the case may be PART – II RELEVANT INFORMATION RELATING TO THE SPOUSE Sl. No Description Particulars 1. Educational and professional qualifications of your spouse 2. Whether your spouse is earning? If so, give particulars of the occupation and income of your spouse. 3. Whether your spouse is staying in the Matrimonial Home. If not, whether she is staying in his/her own accommodation or in a rented accommodation? If staying in a rented accommodation, what is the rent being paid by him/her? 4. Particulars of the assets and liabilities of your spouse 5. Do you have any documents relating to the income, assets and expenditure of your spouse? If so, give the particulars and attach copies thereof? PART – III RELEVANT INFORMATION RELATING TO THE CHILDREN Sl. No Description Particulars 1. Children from the marriage with their name and age 2. Who has the custody of the Children? 3. Expenditure on the education of the Children (Give details in Clause 7) 4. Who is bearing the expenditure of Children's education 5. How much expenditure has been incurred on the children's maintenance and children's education from the date of separation till now? 6. If the children are in custody of your spouse, whether you have voluntarily paid or willing to pay the expenses for the children's maintenance and education? If so, how much? 7. Details of Expenditure on Education Amount in (Rs.) (i) School fees (ii) Crech/Day Care/After school care (iii) Books/Stationery (iv) Private Tuitions (v) Sports (vi) Outings/summer camps / vacations (vii) Entertainment (viii)Others PART-IV STATEMENT OF INCOME Sl. No. Description Particulars 1. In case of salaried persons: (i) Designation (ii) Name and address of the employer (iii) Date of employment (iv) Gross Income including the salary, D.A., commissions/incentives, bonus, perks etc. (v) Perquisites and other benefits provided by the employer including accommodation, cars/other automotive, sweeper, gardener, watchman or personal attendant, gas, electricity, water, interest free or concessional loans, holiday expenses, free or concessional travel, free meals, free education, gifts, vouchers, etc. credit card expenses, club expenses, use of movable assets by employees, transfer of assets to employees, value of any other benefit/amenity/service/ privilege and the value of such perquisites and benefits (vi) Deductions from the gross income (vii) Income tax paid (viii) Net income (ix) Value of stock option benefits if provided by the employer (x) Pension and retirement benefits payable at the time of retirement 2. In case of Self Employed Persons (i) Nature of business/profession (ii) Whether the business/profession is carried on as an individual, sole proprietorship concern, partnership concern, company or association of persons, HUF, joint family business or any other form. Give particulars of your share in the business/ profession. In case of partnership, specify the share in the profit/losses of the partnership (iii) Number of employees (iv) Annual turnover/gross receipts (v) Gross Profit (vi) Income Tax (vii) Net Income (viii) Details and value of benefits in kind, perks or other remuneration received from the business e.g. provision of car, payment of accommodation etc (ix) Amount of regular monthly withdrawal or drawings from the business (x) Current value of your business interest(s) (xi) Current value of your business assets (xii) List of directorships held, sitting fees, commission or any other remuneration (xiii)Net worth of the company in which you are Director along with the number of shares held in the Company 3. Income from Other Sources (i) Agricultural Income (ii) Rent (iii) Interest on bank deposits and FDRs (iv) Interest on investments including deposits, NSC, IVP, KVP, Post Office schemes, PPF, loans etc. (v) Dividends (vi) Income from machinery, plant or furniture let on hire. (vii) Gifts (viii) Profit on sale of movable/ immovable assets 4. Any Other Income Not covered above TOTAL INCOME (Give monthly Income) PART V STATEMENT OF EXPENDITURE (ESTIMATED EXPENDITURE IN CASE THE COMPLAINANT SHIFT TO ANOTHER HOUSE) Sl. No. Description Particulars 1. Housing Monthly rent Mortgage payment(s) Repairs & Maintenance Property tax 2. House Hold Expenditure Groceries/Food/Personal care/clothing Water Electricity Gas Telephone TV Cable/Set-top Box charges & Internet services Maintenance, replacement and repair of household items, appliances and kitchenware items. Telephone Domestic full time/part time servant(s) Others (specify) 3. Transport (i) Car/Scooter (a) Driver(s) (b) Fuel (c) Repair/Maintenance (d) Insurance (e) Loan repayment (ii) Public Transport (a) Bus (b) Taxi (c) Metro (d) Auto 4. Medical Expenditure Doctor Medication Hospital Other medical expenditure Others (specify) 5. Insurance Life Annuity Householders 6. Entertainment and Recreation Club Health Club Gym 7. Holiday and Vacations 8. Gifts 9. Pocket Money/ Allowances 10. Legal /Litigation Expenses 11. Discharge of Liabilities Credit Card(s) Payment Hire Purchase/ Lease Repayment of Loans House Loan Car Loan Personal Loan Business Loan Any Other Loan Name of Lenders Mode of Repayment Instalment Amount Other Personal Liabilities 12. Miscellaneous News Paper, Magazines, Books Religious Contributions / Charities Others (Specify) 13. Other Expenditure (Not Specified above) TOTAL EXPENDITURE (Give Monthly Expenditure) PART - VI STATEMENT OF ASSETS S. No Assets Particulars Estimated Market Value 1. Real Estate Including land, built up properties, lease hold properties, agricultural land and investment in real estate such as booking of plots, flats and other immovable properties in your name or joint names. List any interest in properties, including lease hold interest and mortgages, whether or not you are registered as owner. Provide legal descriptions and indicate estimated market value of your interest without deducting encumbrances or costs of disposition.) (Record encumbrances under debts.) Financial Asset Account No. & Bank Name Current Balance (i) Details of all bank accounts including Current and Savings Accounts in your name, or joint name and balance in the said account (ii) Cash in hand 3. Investments Particulars Current Value Details of all investments you hold or, in which you have interest and their current value: (i) FDRs, NSC, IVP, KVP, Post Office schemes, PPF etc. (ii) Deposits with Government and Non Government entities (iii) Stocks, shares, debentures, bonds, units and mutual funds, etc. (iv) Life and endowment policies and surrender value (v) Loan given to friends, relatives and others (vi) Other investments not covered by above items 4. Pension and Registered Retirement Saving Plan Particulars Maturity Amount Indicate name of institution where accounts are held, name and address of pension plan and pension details 5. Corporate / Business Interest Particulars Current Value List any interest you hold, directly or indirectly, in any corporation, unincorporated business, partnership, trust, joint venture and Association of Persons, Society etc. 6. Movable Assets (i) Motor Vehicles (List cars, motorcycles, scooters etc. along with their brand and registration number) (ii) Livestock (iii) Mobile phone(s) (iv) Computer/Laptop (v) Other electronic gadgets including I-pad etc. (vi) TV, Fridge, Air Conditioner, etc. (vii) Other household appliances (viii) Quantity of gold, silver and diamond jewellery (ix) Quantity of Silver Utensils 7. Intangible Properties including patents, trademark, copyright design and goodwill and their value 8. About disposal of Properties Particulars Sales Consideration Received Particulars of properties (movable as well as immovable) sold/agreed to be sold between the date of marriage or one year from separation whichever is later upto the date of filing this affidavit and the sale consideration received from the purchaser 9. Others Particulars Estimated Current Value List anything else of value that you own, including precious metals, collections, works of art, jewellery or household items of high value. Include location of any safety deposit lockers PART - VII JOINT PROPERTIES OF THE PARTIES S. No. Description Particulars 1. Properties presented at or about the time of marriage, which belong jointly to both the husband and wife. Give the status of their possession 2. Other joint properties of the parties. Give the status of their possession PART – VIII STATEMENT OF LIABILITIES S. No. Description Particulars of Debt Current Value 1. Secured debt(s) List all mortgages, loans, and any other debts secured against an asset 2. Unsecured Debt(s) List all bank loans, personal loans, credits, overdrafts, credit cards and any other debts 3. Other List any other debts, including obligations that are relevant to a claim PART – IX GENERAL INFORMATION RELATING TO THE STATUS, STANDARD OF LIVING AND LIFESTYLE S. No Description Particulars 1. Residential address 2. Area of residential accommodation (in sq. feet) 3. Who is the owner of the residential accommodation? In case of rented accommodation, specify the monthly rent 4. Name of school(s) where the child or children are studying 5. Number of part-time/full time domestic servants and their wages 6. Average monthly withdrawal from bank(s) 7. Mode of travel in city/outside city 8. Membership of clubs/health clubs/gyms, societies and other associations. Specify the membership fee and subscription 9. Particulars of credit/debit cards, its limit and usage 10. Particulars of frequent flier cards 11. Frequency of foreign travel, business as well as personal 12. Category of hotels ordinarily used for stay, official as well as personal 13. Category of hospitals opted for medical treatment including type of rooms 14. Brand of vehicle, mobile and wrist watch 15. Expenditure ordinarily incurred on family functions including birthday of the children 16. Expenditure ordinarily incurred on festivals 17. Expenditure incurred on marriage of family members 18. Status of the party/family: - High - Upper Middle - Middle - Lower Middle - Low - Below poverty line PART X DOCUMENTS RELATING TO ASSETS, INCOME AND EXPENDITURE OF THE DEPONENT PART A DOCUMENTS RELATING TO PERSONAL INFORMATION S. No Description 1. Aadhar Card 2. PAN Card 3. Passport PART B DOCUMENTS RELATING TO INCOME, ASSETS AND LIABILITIES S. No Description Please Tick Attached Not applicable To follow 4. Statement of Account of all bank accounts including current and savings accounts for last 3 years 5. Income Tax Return(s) along with Statement of Income and Annexures for last 3 years 6. Wealth Tax return(s) with statement of assets/liabilities for the last 3 years 7. In case of Salaried Persons (i) Appointment Letter (ii) Salary slip (iii) Forms 16, 16A & 12BA (iv) Cost to Company Certificate and CIBIL Certificate, wherever applicable (v) Copies of TDS certificates 8. In case of self-employed persons (i) Balance Sheet and Profit & Loss Account (ii) Balance Sheet and Profit & Loss Account of the proprietorship firm, if the business is carried on in the name of a sole proprietorship concern (iii) Balance Sheet and Profit & Loss Account of the partnership firm, if the deponent is a partner in a firm along with the Schedule showing the distribution of partners' remuneration and share of profits/losses of the partnership firm and the copy of the partnership deed (iv) Balance Sheet and Profit & Loss Account of the Company in which the deponent is a Director (v) Balance Sheet and Profit & Loss Account of the Association of Persons, HUF, Joint Family business or trust in which the deponent has share (vi) Copies of TDS certificates 9. In case of Income from other sources: (i)Lease Deed(s)/Rent Agreement(s) /Licence Agreement(s) in respect of the rental income (ii) Interest Certificate in respect of the interest income on deposits and investments (iii) Dividend Certificates in respect of dividend income (iv) Sale Deed(s)/ transfer documents in respect of the profit on sale of property/ properties 10. Other relevant documents relating to Income/Assets 11. Other relevant documents relating to liabilities PART C DOCUMENTS RELATING TO EXPENDITURE 12. (i) Documents relating to the expenditure on education of children including tuition fees (ii) Rent and maintenance receipts (iii) Electricity, water, security and gas bills (iv) Documents relating to the salary paid to the employees including servant(s) (v) Documents relating to expenditure on conveyance (vi) Debit and Credit Card statements (vii) Frequent Flier's Card statements (viii) Mobile and landline phone bills (ix) Internet and TV cable/ Set - Top Box bills (x) Documents relating to the re- payment of the loans (xi) PPF, EPF and other superannuation fund receipts (xii) Receipts of premium of insurance policies (xiii) Receipts of payments in respect of mutual funds (xiv) Documents relating to payment of interest on bank and other loans (xv) Documents relating to the payment of taxes, including Income Tax, Wealth Tax and Property Tax (xvi) Other relevant documents relating to Expenditure Declaration: 1. I declare that I have made full and accurate voluntary disclosure of my income, expenditure, assets and liabilities from all sources. I further declare that I have no assets, income, expenditure and liabilities other than set out in this affidavit. 2. I undertake to inform this Court immediately upon any material change in my employment, assets, income, expenses or any other information included in this affidavit. 3. I understand that any false statement in this affidavit may constitute an offence under Section 199 read with Sections 191 and 193 of the Indian Penal Code punishable with imprisonment upto seven years and fine, and Section 209 of Indian Penal Code punishable with imprisonment upto two years and fine. I have read and understood Sections 191, 193, 199 and 209 of the Indian Penal Code. DEPONENT Verification: Verified at New Delhi on this ___ day of ___________ that the contents of the above affidavit relating to my assets, income and expenditure are true to my knowledge, no part of it is false and nothing material has been concealed therefrom, whereas the contents of the above affidavit relating to the assets, income and expenditure of my spouse are based on information believed to be true. I further verify that the copies of the documents filed along with the affidavit are the copies of the originals. DEPONENT
- Application under Section 12 of The Protection of Women from Domestic Violence Act
Download Word Document In English. (Rs.35/-) Application under Section 12 of The Protection of Women from Domestic Violence Act, 2005, format to file with the Magistrate. Format of Application to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005. As per Section 12 of Domestic Violence Act 2005, the aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more relief under the Act. Extracts of Section 12 is as follows: Section 12 in The Protection of Women from Domestic Violence Act, 2005 12. Application to Magistrate -(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. (2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off. (3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto. (4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. (5) The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing. Sample format of Application under Section 12 of The Protection of Women from Domestic Violence Act, 2005 is given below: IN THE COURT OF JUDICIAL MAGISTRATE AT _________ CASE NO. __________ OF 20__ IN THE MATTER OF: MRS. W_________ COMPLAINANT VERSUS MR. H __________ RESPONDENT Police Station : _________________ APPLICATION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 MOST RESPECTFULLY SHOWETH: The Applicant submits as under: That the Petitioner No. 1 is legally wedded wife of the Respondent. 1. That the Application under Section _________ of Protection of Women from Domestic Violence Act, 2005 is being filed along with copy of Domestic Violence Report by the - (a) Aggrieve Person ____ (b) Protection Officer _____ (c) Any other person on behalf of aggrieved person ___ (tick whichever is applicable) 2. It is prayed that the Hon'ble Court may take cognizance of the Complaint / Domestic incident Report and pass all / any of the orders, as deemed necessary in the circumstances of the case: (a) Pass protection orders under section 18 and / or (b) Pass residency order under section 19 and / or (c) Direct the respondent to pay monetary relief under section 20 and / or (d) Pass orders under section 21 of the Act and/ or (e) Pass such interim orders as the court deems just and proper and / or (g) Pass orders as deems fit in the circumstances of the case. 3. Orders Required (i) Protection Orders Under Section 18: [] Prohibiting acts of domestic violence by granting an injunction against the Respondent/s from repeating any of the acts mentioned in terms of column 4(a)/(b) /(c)/ (d)/ (e)/ (f)/ (g) of the Application. [] Prohibiting Respondent9s) from entering the school/ college/ workplace [] Prohibiting from stopping the applicant from going to my place of employment [] Prohibiting Respondent (s) from entering the school / college / any other place of Children of the Applicant. [] Prohibiting from stopping the applicant from going to my school [] Prohibiting any form of communication by the Respondent with the Applicant [] Prohibiting alienation of Assets by the Respondent [] Prohibiting operation of joint bank lockers/ accounts by the Respondent and allowing the aggrieved person to operate the same. [] Directing the Respondent to stay away from the dependants/ relative/ any other person of the aggrieved person to prohibit violence against them [] Any other Conditions, Please specify ________________ (ii) Residence Order Under Section 19 An order restraining Respondent (s) from [] Dispossessing or throwing out the applicant from the shared household [] Entering that portion of the shared household in which the applicant resides [] Alienating/disposing/encumbering the shared household [] Renouncing his rights in the shared household [] An order entitling the Applicant continued access to personal effects of the Applicant. [] An order directing Respondent (s) to [] Remove himself from the shared household [] Secure same level of alternate accommodation or pay rent for the same [] Any other orders, Please Specify _________________ (iii) Monetary Relief under section 20 []Loss of earnings, amount claimed [] Medical expenses, amount claimed [] Loss due to destruction / damage or removal of property from the control of the Aggrieved person, amount claimed ______ [] Any other Loss or physical or mental injury as specified in clause 10 (d), amount claimed ______ [] Total Amount Claimed _______ [] Any other amount, Please Specify _____________ (iv) Monitory Relief under Section 20 [] Directing the Respondent to pay the following expenses as monetary relief [] Food, Clothes, Medications and other basic amenities ___Amount ___ per Month [] School fees and related expenses _____ Amount ____ per month [] Household Expenses _____ Amount _____ per Month [] Any other Expenses ____ Amount _____ per month [] Any other orders, please specify _____________________________ (v) Custody order under Section 21 Direct the Respondent to hand over the custody of the child or children to the: [] Aggrieved person- Applicant [] Any other person on her behalf, details of such person ________ (vi) Compensation order under Section 22 (vii) Any other order , Please specify ___________________ 4. Details of Previous litigation, if any (a) Under Indian Penal Code, Sections _____ Pending in the Court of _______ Disposed off, Details of Relief ___________ (b) Under Code of Criminal Procedure, Sections ______ Pending in the Court of ___ Disposed off, Details of Relief ___________ (c) Under Hindu marriage Act, 1955, Sections ____ Pending in the Court of _____ Disposed off, Details of Relief ___________ (d) Under the Hindu Hindu Adoptions and Maintenance Act, 1956, Sections ___ Pending in the Court of ____ Disposed off, Details of Relief ___________ (e) Application for Maintenance, under section ____ Under _____Act Interim Maintenance Rs. ________ P.M. Maintenance Granted Rs. ________ P.M. (f) Whether Respondent was sent to Judicial Custody - For Less than a Week - For Less than a month - For More than one month Specify Period ___________________________________ (g) Any other Order __________________________________ P R A Y E R It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to grant the relief (s) claimed therein and pass such order or orders other order as this Hon'ble Court may deem fit and proper under the give facts and circumstances of the case for protecting the aggrieved person, the Applicant from Domestic Violence and in the interest of Justice. Place: Date: COMPLAINANT / AGGRIEVED PERSON THROUGH COUNSEL VERIFICATION Verified at ____________ (Place) on this day of ___________ that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and nothing in Material has been concealed therefrom. DEPONENT Note Application under Section 12 of Domestic Violence Act for protection must be supported with the following Documents. 1. Affidavit of the Applicant 2. Copy of Marriage Certificate 3. Details of cases pending if any between the parties 4. Copy of order for interim or final maintenance order, if applicable 5. Copy of complaint given to police if any
- APPLICATION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
Download Word Document In English. (Rs.35/-) Download PDF Document In Marathi. (Rs.35/-) IN THE COURT OF JUDICIAL MAGISTRATE AT _________ CASE NO. __________ OF 20__ IN THE MATTER OF: MRS. W_________ APPLICANT VERSUS MR. H __________ RESPONDENT APPLICATION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 MOST RESPECTFULLY SHOWETH: The Applicant submits as under: 1. That the Petitioner No. 1 is legally wedded wife of the Respondent. 2. That the Application under Section _________ of Protection of Women from Domestic Violence Act, 2005 is being filed along with copy of Domestic Violence Report by the – (a) Aggrieve Person ____ (b) Protection Officer _____ (c) Any other person on behalf of aggrieved person ___ (tick whichever is applicable) 2. It is prayed that the Hon'ble Court may take cognizance of the Complaint / Domestic incident Report and pass all / any of the orders, as deemed necessary in the circumstances of the case: (a) Pass protection orders under section 18 and / or (b) Pass residency order under section 19 and / or (c) Direct the respondent to pay monetary relief under section 20 and / or (d) Pass orders under section 21 of the Act and/ or (e) Pass such interim orders as the court deems just and proper and / or (g) Pass orders as deems fit in the circumstances of the case. 3. Orders Required (i) Protection Orders Under Section 18: Prohibiting acts of domestic violence by granting an injunction against the Respondent/s from repeating any of the acts mentioned in terms of column 4(a)/(b) /(c)/ (d)/ (e)/ (f)/ (g) of the Application. Prohibiting Respondent9s) from entering the school/ college/ workplace Prohibiting from stopping the applicant from going to my place of employment Prohibiting Respondent (s) from entering the school / college / any other place of Children of the Applicant. Prohibiting from stopping the applicant from going to my school Prohibiting any form of communication by the Respondent with the Applicant Prohibiting alienation of Assets by the Respondent Prohibiting operation of joint bank lockers/ accounts by the Respondent and allowing the aggrieved person to operate the same. Directing the Respondent to stay away from the dependants/ relative/ any other person of the aggrieved person to prohibit violence against them Any other Conditions, Please specify ________________ (ii) Residence Order Under Section 19 An order restraining Respondent (s) from Dispossessing or throwing out the applicant from the shared household Entering that portion of the shared household in which the applicant resides Alienating/disposing/encumbering the shared household Renouncing his rights in the shared household An order entitling the Applicant continued access to personal effects of the Applicant. An order directing Respondent (s) to Remove himself from the shared household Secure same level of alternate accommodation or pay rent for the same Any other orders, Please Specify _________________ (iii) Monetary Relief under section 20 Loss of earnings, amount claimed Medical expenses, amount claimed Loss due to destruction / damage or removal of property from the control of the Aggrieved person, amount claimed ______ Any other Loss or physical or mental injury as specified in clause 10 (d), amount claimed ______ Total Amount Claimed _______ Any other amount, Please Specify _____________ (iv) Monitory Relief under Section 20 Directing the Respondent to pay the following expenses as monetary relief Food, Clothes, Medications and other basic amenities ___Amount ___ per Month School fees and related expenses _____ Amount ____ per month Household Expenses _____ Amount _____ per Month Any other Expenses ____ Amount _____ per month Any other orders, please specify _____________________________ (v) Custody order under Section 21 Direct the Respondent to hand over the custody of the child or children to the: Aggrieved person- Applicant Any other person on her behalf, details of such person ________ (vi) Compensation order under Section 22 (vii) Any other order , Please specify ___________________ 4. Details of Previous litigation, if any (a) Under Indian Penal Code, Sections _____ Pending in the Court of _______ Disposed off, Details of Relief ___________ (b) Under Code of Criminal Procedure, Sections ______ Pending in the Court of ___ Disposed off, Details of Relief ___________ (c) Under Hindu marriage Act, 1955, Sections ____ Pending in the Court of _____ Disposed off, Details of Relief ___________ (d) Under the Hindu Hindu Adoptions and Maintenance Act, 1956, Sections ___ Pending in the Court of ____ Disposed off, Details of Relief ___________ (e) Application for Maintenance, under section ____ Under _____Act Interim Maintenance Rs. ________ P.M. Maintenance Granted Rs. ________ P.M. (f) Whether Respondent was sent to Judicial Custody - For Less than a Week - For Less than a month - For More than one month Specify Period ___________________________________ (g) Any other Order __________________________________ P R A Y E R It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to grant the relief (s) claimed therein and pass such order or orders other order as this Hon'ble Court may deem fit and proper under the give facts and circumstances of the case for protecting the aggrieved person, the Applicant from Domestic Violence and in the interest of Justice. Place: Date: COMPLAINANT / AGGRIEVED PERSON THROUGH COUNSEL VERIFICATION Verified at ____________ (Place) on this day of ___________ that the contents of Paras 1 to 12 of the above application are true and correct to the best of my knowledge and nothing in Material has been concealed therefrom. DEPONENT
- PETITION FOR MAINTENANCE UNDER SECTION 125 OF CRIMINAL PROCEDURE CODE
Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________ CASE NO. __________ OF 20__ IN THE MATTER OF: MRS. W_________ PETITIONER VERSUS MR. H __________ RESPONDENT PETITION FOR MAINTENANCE UNDER SECTION 125 OF CRIMINAL PROCEDURE CODE MOST RESPECTFULLY SHOWETH: The Petitioner, above named submits as under: 1. That the Petitioner No. 1 is legally wedded wife of the Respondent. 2. That marriage of the Petitioner was solemnized with Respondent on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. After marriage Petitioner No. 1 started residing at the matrimonial home. Certified copy of the extract from the concerned register is attached herewith as Annexure A. 2. That for about four years, relation between Petitioner No. 1 and her husband Respondent were ordeal, but thereafter the Respondent started treating her with cruelty. 3. That on __________ the respondent turned out the petitioner from the matrimonial home and since then she has been compelled to live at her parental house. 4. That the respondent has never sent any money to the petitioner to meet her expenses and expenses of the minor child. 5. That the petitioner having no source of income is unable to maintain herself and the child. 6. That the Respondent is a Government Employee and earning Rs. 55,000/- per month Net Salary. 7. That the Respondent has no other liability, while the Petitioner is dependent upon him for her day to day expenses. 8. That the Petitioner is accordingly entitled to claim maintenance to meet her day to day expenses. 9. That this Court has the jurisdiction to entertain and try this petition as marriage between petitioner and the respondent was solemnized here and the petitioners are living within the Jurisdiction of this Court. 10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to: P R A Y E R That the Petitioner, therefore, prays: a) the Respondent be directed to pay monthly allowance of Rs. 17500/- by way of Maintenance; and b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner. PETITIONER THROUGH ______________., Advocate Place : Date : VERIFICATION I, W, the Petitioner, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me. Signed and verified this _______ day of _______ 20 _______ at ______ PETITIONER Format of affidavit to be filed in Support of Petition for Maintenance under Section 125 of CrPC IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________ CASE NO. __________ OF 20__ IN THE MATTER OF: MRS. W_________ PETITIONER VERSUS MRS. H __________ RESPONDENT AFFIDAVIT I, Mr. / Ms. _______________ aged _________ years, Occupation _______ the Petitioner do solemnly affirm and say as follows: 1. That I am the Petitioner in the accompanying Petitioner under Section 125 of CrPC and well acquainted with the facts of the case. 2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity. 3. That the Petitioner has not remarried and has not been guilty of any conduct disentitling her to receive maintenance from the Respondent. 4. That the Petitioner does not own any movable or immovable property and has also no source of income. Signed at ___________ this ___________ day of ___________20__ DEPONENT VERIFICATION I, __________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein. Signed and verified this _______ day of _______ 20 _______ at _______ DEPONENT
- Format of Divorce Petition under Section 13B of Hindu Marriage Act 1955 to get divorce.
MUTUAL CONSENT DIVORCE PETITION FORMAT UNDER SECTION 13(1)(B) OF HINDU MARRIAGE ACT 1955 DRAFT FORMAT OF THE MUTUAL DIVORCE PETITIONBEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT ___________HMA PETITION No._______ OF___ 20__ IN THE MATTER OF: (Name and address of the Husband) : Petitioner No.1 (AND) (Name and address of the wife) : Petitioner No.2 PETITION UNDER SECTION 13 (1) (i-b) OF THE HINDU MARRIAGE ACT FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT MOST RESPECTFULLY SHOWETH:- 1. That The marriage between the parties was solemnized on ______at _______, by Hindu rites and ceremonies. The said marriage was consummated thereafter and the parties co-habited as husband and wife at the matrimonial home i.e. ______________. The particulars showing the details of the parties to the present petition is given hereunder:- HUSBAND BEFORE MARRIAGE.Age Address Status AFTER MARRIAGEAge Address Status WIFE BEFORE MARRIAGEAge Address Status AFTER MARRIAGEAge Address Status2. That there is one boy name____ Date of Birth ____ age____ out of the wedlock of the parties. The parties mutually agreed to give custody of the child to Husband / Wife.3. That the parties could not adjust with each other due to temperamental differences and their marriage has broken down irretrievably and it is now not possible between the parties live as husband and wife any more.4. That all the efforts of reconciliation between the parties to continue the present marriage has failed and there are no further chances of reconciliation between the parties any more.5. That the parties are residing separately since _____________ and there is no cohabitation between the parties since then.6. That the parties have now decided to dissolve the marriage legally through a decree of divorce on mutual consent. The parties have settled all their claims, counter claims etc. and the respondent wife has received her entire Stridhan, Permanent alimony, maintenance etc. and there is no due with regard to any other claim between the parties now.7. That the party has decided to withdraw all the complaints, counter complaints against each other.8. That the present petition is not being filed in collusion.9. That there are no other divorce proceedings pending before any other court.10. That the matrimonial home of the parties was at ____________hence this court has the jurisdiction to grant the decree of divorce as prayed for.11. That there are no legal impediments in grant of the decree of divorce to the parties on the basis of mutual consent. PRAYER It is most respectfully prayed that the court may accept the present petition and grant a decree of divorce between the parties thereby, dissolving the marriage between the parties.Any other order which the court may deem fit and proper in the facts and circumstances of the present case be also passed in favour of the petitioners. Petitioner No.1 Petitioner No.2 Note Mutual consent Divorce Petition draft should be annexed with the following documents: 1. Affidavit of both the parties. 2. Joint photographs of parties at the time of marriage 3. Proof of residence of both the parties 4. Proof of identity of both the parties Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Written submission format for Domestic Violence Complaint under Section 12
Download Word Document In English. (Rs.35/-) Download PDF Document In Marathi. (Rs.35/-) IN THE COURT OF _____________, LEARNED METROPOLITAN MAGISTRATE, MAHILA COURT, __________ COURTS, NEW DELHI COMPLAINT CASE NO. ____ OF 20__ IN THE MATTER OF : ________________________________ COMPLAINANT VERSUS ________________________________ RESPONDENT WRITTEN ARGUMENT ON BEHALF OF THE COMPLAINANT IN APPLICATION U/S 12 R/W SECTION 17, 18, 19, 20, 22 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 FOR GRANT OF RIGHT TO CONTINUE RESIDING IN THE MATRIMONIAL HOUSE WITHOUT INTERFERENCE AND THREAT, PROTECTION ORDERS, MONETARY RELIEF, COMPENSATION AND ANY OTHER RELIEF WHICH THIS HON'BLE COURT MAY DEEM FIT AND PROPER. MOST RESPECTFULLY SHOWETH: 1. That the above noted complaint is pending adjudication before this Hon'ble Court and is fixed for hearing on ____________. 2. That the summons of the complaint has already been issued to the defendants and the defendants have also put in appearance in the matter. 3. That the Defendant has filed his reply to the complainant and the Complainant has filed rejoinder to it on ______. 4. That the Complainant has filed affidavit showing income and expenditure as per the format prescribed by the Hon'ble High Court of Delhi in Kusum Sharma Vs. Mahinder Kumar Sharma on _______. 5. That the Defendant has also filed his affidavit showing income and expenditure on __________, but not filed copy of Latest Income Tax Return i.e. for Financial Year __________). 6. The Complainant most respectfully submit the following written arguments in support of contentions, submissions and facts already placed and submitted on the records and the oral arguments so adduced. 7. That the Complainant got married to the Respondent on ____________ in accordance with Hindu rites and ceremonies at _____. No issue was born from this wedlock. 8. That the Respondent is working as Manager with ___________ India Ltd at __________. The Complainant came to live in the matrimonial home at New Delhi with the Respondent after Marriage. 9. The father of the Complainant had given Rs. ______ in Tilak to the Respondent. In addition to this, an __ car was given. The marriage was a lavish affair. Lots of gifts, jewellery etc was given by her father who is a retired school teacher and had to sell some property, borrow from others and exhaust all his savings to arrange the marriage of the complainant. 10. That the respondent husband, his father and sister were not happy with the Dowry and other gifts. They have showed their annoyance soon after marriage. 11. The Respondent started tormenting her almost immediately after marriage. He used to poke and provoke her and instigated her to react to his misdemeanor and later record the same on his mobile phone. 12. That as per the affidavit the Respondent is earning Gross income of Rs. _________/- per year. The Respondent not yet produced his income tax Return for the Financial Year _____ to ascertain his current income. Even though the Respondent is earning huge salary the complainant had to starve for money even for her basic needs. Her father used to help her by sending money even for the daily necessaries. 13. That the Complainant had no history of illness of any kind before marriage. The Respondent/husband by his cruel and atrocious behavior, assisted by his sister tormented her so much that she went into depression. 14. That the complainant was the target of unprovoked physical and mental abuse by the Respondent. The father in law of the complainant had also created very embarrassing and inexplicable situations at times. 15. That the respondent constantly made indecent and vulgar comments about the sister of the complainant, who still leaves with her as she has not come out of depression completely and the doctor advised that she should not be left alone. 16. That the Respondent has denied conjugal relations to the Complainant. He says that the complainant does not meet his level of liking. The respondent picks up quarrels on the flimsiest of excuses. 17. That on _______, the respondent / husband picked up a quarrel and started slapping the complainant. He pulled her by hair and kicked her in the abdomen. She somehow called PCR and a DD entry was registered at ___________ Police Station. 18. That in ________, the respondent and his sister came together in the night and thrashed the complainant in black and blue alleging falsely that she blamed him of incest. 19. That the respondent, in order to avoid his own liability has filed a petition u/s 13(1)(ia) of Hindu Marriage Act against the complainant wherein he made all kinds of baseless allegations against her. 20. That the above said petition was withdrawn when the parties entered into a settlement agreement dated _______ in HMA Suit No. ____ titled "___________", which was to be executed on _______, but it was never executed. In fact the Complainants lawyers had prepared a mutual consent divorce petition as per the agreement and handed over to the Respondent for his signatures. The Respondent kept the petition for few months in his custody and returned back it to the complainant without his signature. 21. That the Complainant has already submitted before this Hon'ble Court in her rejoinder that even now she is ready to settle the issue as per the settle agreement dated _____________, under the supervision of this Hon'ble Court, if the Respondent is ready to execute the terms of the agreement. 22. That the Respondent has not disclosed full information about his educational qualification in the affidavit filed by him showing income and expenditure as per the format prescribed by the Hon'ble High Court of Delhi in Kusum Sharma Vs. Mahinder Kumar Sharma. 23. That the Respondent has shown huge amount of expenses i.e. Rs. ________/- per month against his net income of Rs. ________/- to avoid his liability to pay maintenance, medical expenses, compensation and other claims to the Complainant. 24. That the Respondent is giving only Rs. _____/- to Rs. _____/- per week to the Complainant for household expenses from which the expenses of Respondent also is being managed. The other expenses being born by the Respondent is rent of Rs. ______/- per month. 25. That the Respondent has claimed huge amount of monthly expenses in his affidavit, but he is not spending any amount except mentioned about for the maintenance or expenses of the Complainant. 26. That the Affidavit filed by the Respondent shows his lavish life style. The Complainant also deserves to live her life according to the life standard of the Respondent. So the amount of maintenance and other claim made in the petition is justifiable. 27. That the Complainant is totally dependent on her parents for her daily needs of life and she has none to support, except the complainant/wife. 28. That the cause of action for filing the present petition arose immediately after marriage and continued thereafter because there was not even a single day without an act of emotional or physical violence. It arose on _______ when a DD entry was registered at PS _______ pursuant to a PCR call made by the complainant. Again on _______, when the respondent and his sister came together, beat her up and in sheer anger the respondent husband broke a few things give vent to his anger. The cause of action still persists because the cruelties have not ceased and continue unabated. 29. That the complaint is residing at Delhi within the territorial limits of the Court, hence the Ld. Court has the Jurisdiction to try and adjudicate this petition. 30. That many Judgments of the Hon'ble Supreme Court of India support the prayer of the Complainant. 31. That in V.D. Bhanot v. Savita Bhanot (2012) 3 SCC 183 the Hon'ble Apex Court upheld the maintenance allowed to the Respondent and directed to provide a sum of Rs. 10,000/- per month towards rental charges for acquiring accommodation of her choice. The Hon'ble Supreme Court held that: "11. Accordingly, in terms of Section 19 of the PWD Act, 2005, we direct the Petitioner to provide a suitable portion of his residence to the Respondent for her residence, together with all necessary amenities to make such residential premises properly habitable for the Respondent, within 29th February, 2012. The said portion of the premises will be properly furnished according to the choice of the Respondent to enable her to live in dignity in the shared household. Consequently, the sum of Rs.10,000/- directed to be paid to the Respondent for obtaining alternative accommodation in the event the Petitioner was reluctant to live in the same house with the Respondent, shall stand reduced from Rs.10,000/- to Rs.4,000/-, which will be paid to the Respondent in addition to the sum of Rs.6,000/- directed to be paid to her towards her maintenance. In other words, in addition to providing the residential accommodation to the Respondent, the Petitioner shall also pay a total sum of Rs.10,000/- per month to the Respondent towards her maintenance and day-to-day expenses." Copy of the Judgment of Supreme Court of India in V.D. Bhanot v. Savita Bhanot is annexed as Annexure WA-1 32. That in Saraswathy v. Babu (2014) 3 SCC 712 the Hon'ble Apex Court directed to pay compensation and damages to the extent of Rs.5,00,000/- in favour of the appellant-wife. The Hon'ble Supreme Court held that: "15. We are of the view that the act of the respondent-husband squarely comes within the ambit of Section 3 of the PWD Act, 2005, which defines "domestic violence" in wide term. The High Court made an apparent error in holding that the conduct of the parties prior to the coming into force PWD Act, 2005 cannot be taken into consideration while passing an order. This is a case where the respondent-husband has not complied with the order and direction passed by the Trial Court and the Appellate Court. He also misleads the Court by giving wrong statement before the High Court in the contempt petition filed by the appellant-wife. The appellant-wife having being harassed since 2000 is entitled for protection orders and residence orders under Section 18 and 19 of the PWD, Act, 2005 along with the maintenance as allowed by the Trial Court under Section 20 (d) of the PWD, Act, 2005. Apart from these reliefs, she is also entitled for compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent-husband. Therefore, in addition to the reliefs granted by the courts below, we are of the view that the appellant-wife should be compensated by the respondent-husband. Hence, the respondent is hereby directed to pay compensation and damages to the extent of Rs.5,00,000/- in favour of the appellant-wife. 16. The order passed by the High Court is set aside with a direction to the respondent-husband to comply with the orders and directions passed by the courts below with regard to residence and maintenance within three months. The respondent-husband is further directed to pay a sum of Rs.5,00,000/- in favour of the appellant-wife within six months from the date of this order. The appeal is allowed with aforesaid observations and directions. However, there shall be no separate order as to costs." Copy of the Judgment of Supreme Court of India in Saraswathy v. Babu is annexed as Annexure WA-2 33. That in Smt. Rashmi Kumar vs Mahesh Kumar Bhada (1997) 2 SCC 397 the Hon'ble Apex Court held that the properties gifted to the wife before the marriage, at the time of marriage or at the time of giving farewell or thereafter are her stridhana properties. The Hon'ble Supreme Court held that: "It is thus clear that the properties gifted to her before the marriage, at the time of marriage or at the time of giving farewell or thereafter are her stridhana properties. It is her absolute property with all rights to dispose at her own pleasure. He has no control over her stridhana property. Husband may use it during the time of his distress but nonetheless he has a moral obligation to restore the same or its value to his wife. Therefore, stridhana property does not become a joint property of the wife and the husband and the husband has no title or independent dominion over the property as owner thereof." Copy of the Judgment of Supreme Court of India in Smt. Rashmi Kumar vs Mahesh Kumar Bhada is annexed as Annexure WA-3 34. That the Complainant requests the Hon'ble Court to permit and allow the Complainant to submit the present Written Arguments on record of matter in the interest of justice. The Complainant prays that she may kindly be provided the following relief under the said Act. 1 Relief a) Under the said Act, the complainant may be given protection, residence, the possession of her stridhan, jewelry and clothes etc. b) To stop further acts of domestic violence on her by the respondent. c) To allow her to live in the flat and to restrain the respondent from disposing her or threatening her directly and through his friends with physical harm. 2. Protection Orders The Complainant may kindly be granted protection and prohibit the respondents from: a. Committing any act of domestic violence. b. Aiding and abetting in the commission of acts of violence. c. Attempting to communicate in any form, whatever, with the complainant, oral or written or electronic or telephonic contact, just to torture or torment her. d. Alienating any assets, including her stridhan, jewellery or any other property. e. Causing violence to relatives or any person who give the complainant assistance from the domestic violence. f. Committing any other act as specified in the protection order. 3. Residence Orders The complainant humbly prays for pass a residence order: a) Restraining the respondent or any of his relatives from entering any portion of the household in which the complainant resides. 4. Monitory Relief The complainant humbly prays for passing an order as under: a. The medical expenses wherever necessary for the complainant. b. The maintenance of complainant considering the fact that the respondent has no other liability except the complainant, she should be given a maintenance allowance of Rs. _____ /- per month, considering the fact that the respondent earns gross salary of Rs. ______ /- per month. 5. Compensation Orders The complainant prays in addition to other relief as may be granted under this Act, to pay Rs. ______ /- and damages for injuries including mental torture, depression and emotional distress caused by the Acts of Deomstic Violence committed by the Respondent and the litigation expenses. PRAYER In the light of the submissions made above the complainant most humbly prays for the following reliefs: (a) Right to reside in the shared household U/s 17 of the said Act. (b) Protection orders U/s 18 of the Act. (c) Residence order U/s 19 of the Act in the flat. (d) Monetary reliefs U/s 20 of the Act. (e) Compensation order U/s 22 of the Act. Any other relief which this Hon'ble Court may deem fit in the eyes of law and in the interest of justice. COMPLAINANT THROUGH ADVOCATE FOR THE COMPLAINANT NEW DELHI / /20__
- PETITION FOR DECREE OF NULLITY OF MARRIAGE UNDER SECTION 11 OF HINDU MARRIAGE ACT
IN THE COURT OF THE _____________ JUDGE AT _________ MATRIMONIAL CASE NO. __________ OF 20__ IN THE MATTER OF: MRS. WIF_________ PETITIONER VERSUS MR. HUS __________ RESPONDENT MOST RESPECTFULLY SHOWETH: The Petitioner, above named states as under: 1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P1. 2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under: i) Place of residence before the Marriage ii) Place of residence at the time of filing the Petition 3. That from this marriage, the couple has been blessed with one girl child aged 4 years and one boy aged 2 years. That the Children is living with the Respondent. 4. That the Petitioner and his wife were living together happily at the matrimonial house. That recently the Petitioner learnt that the respondent had a spouse living at the time of present marriage. The Respondent was already married to Mrs __________ aged _____________ d/o _________________ Resident of ____________________ The Respondent at the time of marriage not revealed this fact and kept the Petitioner blank. 5. The Petition is not being presented in collusion with the Respondent. 6. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner. 7. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner. 8. That no litigation has taken place between the parties to the Petition earlier. 9. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court. 10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to: P R A Y E R That the Petitioner, therefore, prays: a) for grant of decree of Divorce in her favour and against the Respondent and declare the marriage as null and void; and b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner. PETITIONER THROUGH ______________., Advocate Place : Date : VERIFICATION I, Wif, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me. Signed and verified this _______ day of _______ 20 _______ at _______ PETITIONER Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)









