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  • Divorce petition form by a wife on the grounds of cruelty

    Divorce petition form by a wife on the grounds of cruelty IN THE FAMILY COURT BANDRA, MUMBAI Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) 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 Honorable COURT. THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED 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 caused 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 alternative 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. A 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,

  • Format of Divorce Petition

    Format of Divorce Petition Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/-) Mutual Consent Divorce Petition format under Section 13B of Hindu Marriage Act, 1955. This Petition can be filed if husband and wife are agree to get Divorce. 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.2PETITION 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:- HUSBANDBEFORE MARRIAGE.Age Address Status  AFTER MARRIAGEAge Address Status WIFEBEFORE 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.PRAYERIt 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. Petition for Restitution of Conjugal Rights format, to file Petition, when the Petitioner is deserted by his partner. Conjugal Rights Restitution Petition can be filed before the District Judge or other Judge who has Jurisdiction to deal with the matter. Format of Petition for Restitution of Conjugal Rights can be filed by the affected person who want to restitute his marriage life. This Petition can be filed when one of the spouse desert the other and stay in another house willfully or due to the coercion by another person. Section 9 of Hindu Marriage Act, 1955 (HMA) provides for restitution of conjugal rights (RCR). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. Restitution means that something has broken is being restored to its original position; thereby, in the context of marriage, it implies that one of the spouses has withdrawn from the society of the other spouse, i.e. refused to cohabit with the other spouse, under this provision, the aggrieved spouse can file a a Petition of RCR. Format of Petition for Restitution of Conjugal Rights is given below: IN THE COURT OF THE _____________ 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 Restitution of Conjugal Rights format, to file Petition, when the Petitioner is deserted by his partner. Conjugal Rights Restitution Petition can be filed before the District Judge or other Judge who has Jurisdiction to deal with the matter. Format of Petition for Restitution of Conjugal Rights can be filed by the affected person who want to restitute his marriage life. This Petition can be filed when one of the spouse desert the other and stay in another house willfully or due to the coercion by another person. Section 9 of Hindu Marriage Act, 1955 (HMA) provides for restitution of conjugal rights (RCR). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. Restitution means that something has broken is being restored to its original position; thereby, in the context of marriage, it implies that one of the spouses has withdrawn from the society of the other spouse, i.e. refused to cohabit with the other spouse, under this provision, the aggrieved spouse can file a a Petition of RCR. Format of Petition for Restitution of Conjugal Rights is given below: IN THE COURT OF THE _____________ 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

  • DRAFT OF SEPERATION AGREEMENT BETWEEN A HUSBAND AND WIFE

    DRAFT OF SEPERATION AGREEMENT BETWEEN A HUSBAND AND WIFE Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) THIS AGREEMENT made at.......... on this.......... day of...............20___, between A, son of B, resident of........... (Hereinafter called "the husband") of the ONE PART and Mrs. A his wife (hereinafter called "the wife") of the OTHER PART.WHEREAS the husband and wife are living separately due to differences and disputes having arisen between them; and AND WHEREAS they want to live separate, apart from each other and intend to live separate at all times hereafter unless there is any reconciliation. NOW THIS AGREEMENT WITNESSETH THAT:1.     The parties shall live separately and apart from each other and no party shall have any right, authority over the other or shall institute any legal proceeding for restitution of conjugal rights or otherwise.2.     The husband shall during the life time of the wife pay to her a sum of Rs............ p.m. for her maintenance and the maintenance of the children. However, if the wife does not lead a chaste life, the husband shall be entitled to stop the payment of maintenance allowance after giving her notice.3.     The wife shall be entitled to the custody and guardianship of the children of the marriage, namely C and D now aged........ Years and.......... years, respectively. The wife shall maintain and educate the said children until they shall respectively attain the age of majority. The husband shall not be liable for any claim or demands of the children and the wife shall keep the husband indemnified from and against all claims and demands in respect of such children.4.     The wife shall pay for and discharge all liabilities or debts incurred by her after the date of these presents, whether for maintenance, support or otherwise and the husband shall not be liable for the same. The wife indemnifies and keeps indemnified the husband against all claims, actions and demands on that account and if the husband has to pay any sum on account of the liabilities of debts incurred by the wife, he is entitled to deduct the same from the amount payable to the wife under this agreement.5.     The wife may remove all her wearing apparel, jewelry and other personal effects, etc. belonging to her from the husband's place and retain the said goods as her separate properly.6.     The husband may have the access to the children at every Sunday between ___A.M. to ___ P.M. He may have the sole society of the children in the said timings on the said day.7.     Notwithstanding anything contained in this agreement, it is expressly agreed that if at any time hereafter, the parties live together as husband and wife with mutual consent, then in that case, the said sum payable to the wife-under this agreement shall no longer be payable and the agreements hereinabove contained shall become void.8.     This agreement shall be revoked by the death of either the husband or wife.9.     This agreement shall be executed in duplicate. The original shall be retained by the husband and duplicate by the wife.IN WITNESS WHEREOF, the parties have set their respective hands to these presents and a duplicate hereof on the day and year first hereinabove written. Signed and delivered by the within named husband Mr. A. Signed and delivered by the within named wife Mrs. CWITNESSES;1.2. Documents Required There are no specific documents required for the drafting and execution of a separation agreement between parties to a marriage. However, ID proofs to prove information related to identity and property/financial documents to be sure of the ownership of properties and that of the parties’ finances could be required.  Procedure No set procedure is applicable in the making of such an agreement between the husband and wife. However, you could hire a lawyer to draft it and once the agreement has been drafted by a lawyer, it should be specifically and carefully read by both the parties to the agreement. Any necessary changes required to be made shall be carried out and once the agreement is finalised, it shall be signed by both the parties along with the requisite witnesses. Each party can thereafter keep a signed copy of this agreement between the parties to marriage.  Legal Considerations A separation agreement between husband and wife is not a validly recognised and enforceable agreement in India till now. However, at the time of divorce in the Courts, it can help in painting a picture of the intention of both the parties and substantiate that there were issues/problems in the marriage, subject to admissibility by both the parties.

  • Suggested Divorce Settlement Agreement

    Suggested Divorce Settlement Agreement  Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) THIS DIVORCE SETTLEMENT AGREEMENT (this “Agreement” or this “Divorce Settlement Agreement”) is made and entered into as of [DATE] (the “Effective Date”) by and between: [LEGAL NAME OF WIFE], formerly [MAIDEN NAME OF WIFE], currently residing at [ADDRESS], and [LEGAL NAME OF HUSBAND], currently residing at [ADDRESS]. WHEREAS: Husband and Wife (hereinafter also referred to in the singular as a “Party” and collectively as the “Parties”) were lawfully married to each other on [DATE], in [CITY], [STATE], in the United States; and the Parties resided together in cohabitation until their separation as of [DATE] (the “Separation Date”) due to certain “irreconcilable differences”; and the Parties wish to live apart from and independent of each other; and Wife has filed a petition for divorce against Husband in the Superior Court of::County:: County in::State::; and Or was this filed by the Husband? Or, take this out if not filed. the Parties are the parents and legal guardians of the following minor children: [NAME OF CHILD] [NAME OF CHILD] (Add more children as needed or omit this if not needed) the Parties desire to settle in perpetuity their respective rights, duties and obligations and all claims either Party may have against the other; In consideration of the above, and of the mutual promises and agreements contained in this Divorce Settlement Agreement, the parties, intending to be legally bound, do hereby agree as follows: 1. Agreement to live Separate and Independent The Parties agree to live separate and apart from each other, as if not married, and each Party shall be free from any interference, harassment, authority or control whatsoever of the other Party. The Parties shall each have full and unfettered control over their own destiny. 2. Agreement with Respect to Property The following property is subject to equitable division between the Parties and the Parties agree to the division of such property as described in the subparagraphs below. i. The real estate property located at [ADDRESS] (hereinafter the “Marital Residence”). Title to the Marital Residence is in both parties’ names, and other than a mortgage on the Marital Residence held by [BANK NAME], there are no liens or encumbrances on the Marital Residence. Upon execution of this Divorce Settlement Agreement, Wife shall assume ownership of the Marital Residence as well as any and all rights, responsibilities, and obligations related to the Marital Residence and Husband releases and relinquishes to the Wife any and all right, title, claim or interest Husband may have in or to such Marital Residence. ii. Tangible property (other than automobiles) currently held at the Marital Residence (hereinafter “Tangible Property”). By execution of this Divorce Settlement Agreement, the Parties represent and warrant that the Parties have resolved any and all issues or disagreements regarding the equitable division of Tangible Property. As of the Effective Date of this Divorce Settlement Agreement, Husband, having departed the Marital Residence as of the Separation Date, has removed from the Marital Residence all of the Tangible Property he has any claims on and Wife makes no claims, now or in the future, related to such property. As such, all Tangible Property existing at the Marital Residence shall be the sole and exclusive property of the Wife, and Husband releases and relinquishes to the Wife any and all right, title, claim or interest Husband may have in or to such tangible property. iii. Automobiles. The Parties jointly own two automobiles, free of any liens or encumbrances. By execution of this Agreement, the Husband transfers to the Wife [DESCRIPTION OF AUTO 1] as her sole and exclusive property, and the Wife transfers to the Husband [DESCRIPTION OF AUTO 2]. iv. Other property. The Husband hereby transfers to the Wife as her sole and exclusive property, the following: What to mention here – Are there any joint accounts or investments that need to be sold (i.e. intangible property)? Anything else that may not fall into the other categories? For the assets and other property listed here, be as descriptive as possible. The Wife hereby transfers to the Husband as his sole and exclusive property, the following: 3. Agreement With Respect to Debt Each Party shall assume any and all debts and liabilities directly related to any property transferred to it pursuant to this Agreement. Notwithstanding the foregoing, the Husband shall be solely responsible for the following debts: Mention Here – Be descriptive. Provide the names of creditors, current balances, account numbers, etc. The whole idea is to avoid any possibility of disputes over what Husband and Wife are talking about here, and what each is responsible for. ; and the Wife shall be solely responsible for the following debts: 4. Agreement With Respect to Custody The Parties shall each share in the parenting responsibilities for the Children named above and shall make all major decisions affecting the Children jointly and amicably. The Wife shall have physical custody of the Children on all weekdays and every other weekend, except for the following days: Mention Here – It goes without saying that this section can take many different forms. Will the parties have joint custody? Will one party have primary custody? How will you split up the 365 days each year? the Husband shall have physical custody of the children every other weekend, except for the following days: While in the custody or care of one Party, the other shall have reasonably liberal visitation rights. 5. Agreement With Respect to Alimony The Husband shall pay alimony to the Wife in the amount of [DOLLARS] per month, for a period starting as of [DATE] and ending upon the earlier of [DATE] or the Husband’s death. This shall be the sole obligation of the Husband with respect to alimony. 6. Effect of this agreement Subject to the agreement of the presiding court, this Agreement shall be merged with, incorporated into, and made a part of any subsequent decree or judgment for divorce or dissolution of marriage. 7. Representation of the Parties Each Party has made available to the other certain financial information regarding their net worth, assets, holdings, income, and liabilities, as set forth in Attachment 1 hereto. Both Parties: have reviewed the financial information provided by the other as set forth in Attachment 1, understand the financial information provided in Attachment 1, and accept Attachment 1 as complete fulfillment of any and all financial disclosure obligations the Parties may have under this Agreement or otherwise Each Party has read this Agreement in its entirety, including any and all attachments and exhibits hereto, and fully understand its terms and conditions, including each Party’s rights and obligations under this Divorce Settlement Agreement. Each Party has exercised its right to independent legal counsel in the review of this Agreement. 8. Entire Agreement This Agreement, including any and all attachments and exhibits hereto, constitutes the entire agreement between the parties related to the subject matter hereof and supersedes all prior agreements, whether written or oral. The Parties disclaim, to the maximum extent, any representations or warranties not expressly made herein. 9. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of [STATE] without regard for its conflict of laws provisions. In Witness Whereof, the Parties have caused this Divorce Settlement Agreement to be duly executed and delivered as of the date first written above. [WIFE] ________________ DATE [HUSBAND] _________________ DATE

  • SEPARATION DEED BETWEEN HUSBAND AND WIFE

    SEPARATION DEED BETWEEN HUSBAND AND WIFE THIS DEED OF SEPARATION MADE BETWEEN Sh.______________________,  S/o______________________, R/o ______________________ (hereinafter called "the husband') which expression shall unless the context so requires including his successors, executors and administrators of the one part AND Smt._______________________, W/o_______________________,  R/o________________________ (hereinafter called "the wife") of the other part. WHEREAS the parties to this deed are husband and wife and living as such since the solemnisation of their marriage. WHEREAS owing to differences between the husband and the wife they have mutually consented to live separate from each other and to enter into an arrangement hereinafter contained.  AND WHEREAS the husband has by the wife one child by the name "_______ (name of the child)". NOW THE PARTIES TO THI DEED HERETO MUTUALLY CONSENT AS FELLOWS: 1. The wife may at all times after it live independently, separately and disassociated from the husband in all relations not restrained from command/influence of husband and without his dominance. 2. Neither the husband nor the wife shall disturb the other nor intervene or bring a suit for restitution of conjugal rights against the other. 3. The wife shall be having at all times after it sole custody/control of the aforesaid child and with his education/upbringing during his minority. But, the husband at all convenient/reasonable times can meet his child and free to correspond with them.  4. The husband shall be paying an allowance of Rs.____ to the wife during her life time for sustaining on the 1st day of each month per advance. But, this condition shall be available to her only till she continues to live a chaste life and remain unmarried and perform and observe the conditions/terms herein stated.  5. In addition to the monthly payments specified in clause 4 hereto the husband shall also be paying a monthly amount of Rs._____ for sustenance/education of the child. This sum of monthly sustenance shall be paid till child attaining age of ____ years. The wife shall sustain and educate the child out of this amount and shall keep the husband compensated from and against all claims/demands concerning the sustenance/education of the child. The allowance herein specified shall not be paid if prior attaining the age stated above the child begins to earn his own livelihood or in case of his death. 6. The wife shall be free in removing from her husband's house all her clothing’s, jewellery and personal effects including all her separate property. 7. After the date of this agreement, the wife shall be paying/discharging all debts with liabilities incurred by her. The wife undertakes to keep the husband, compensated thereto and if the husband has to pay any such debts/liabilities he will be free in deducting the same from the maintenance allowance of the wife.  8. If wife expires during lifetime of husband all her separate estate, movable/immovable, remaining undisposed of in her lifetime/by WILL, shall be given to the person/persons becoming entitled to it if husband expired in her lifetime. If the husband is living, he shall allow her will to be proved or administration to her estate to be taken out by such person or persons. 9. On cohabitation of the parties and returning to cohabitation or dissolving their marriage or on they judicial separation due to of any misconduct of the wife occurring after the date hereof then and in any such case all the agreements/enactments herein contained shall become void but without prejudicing the right of any party in taking proceedings concerning any antecedent breach of any such agreement or enactment. 10. This deed shall be cancelled per death of the wife (or, by the death of either of the parties hereto).  IN WITNESS WHERE OF, the parties have executed this Agreement as of the date first above written.  Husband: Wife:  Date: Witnesses:  Place: 1.  2.  Download Word Document In English. (Rs.30/-)

  • AGREEMENT FOR MAINTENANCE BETWEEN HUSBAND AND WIFE

    AGREEMENT FOR MAINTENANCE  BETWEEN HUSBAND AND WIFE THIS DEED OF SEPARATION made on the _________ day of________________ BETWEEN Sh.______________________________________,  S/o______________________________________,  R/o ______________________________________ (hereinafter called "the husband') which expression shall unless the context so requires including his successors, executors and administrators of the one part AND Smt._____________________________________,  W/o_____________________________________,  R/o ______________________________________ (hereinafter called "the wife") which expression shall unless the context so requires including her successors, executors and administrators of the other part. WHEREAS owing to mutual differences between husband and wife they have consented mutually for living separately from each other and entering into arrangement for sustenance per terms hereinafter stated. NOW BY THIS DEED THE PARTIES HERETO MUTUALLY AGREE AS UNDER: 1. The husband shall be paying allowance of Rs._____________ to the wife with in her life term for her maintenance and sustenance for their children on the 1st day of each month in advance. However, this enactment will be available on her living chaste life and obeying conditions/terms stated herein. 2. The wife shall always after it be sole custodian/control of children with their education and bringing up in their minority or till they are married. 3. After date of this agreement, the wife shall pay and discharge all debts/liabilities as incurred by her. The wife undertakes in keeping the husband, compensated there from. if husband has to pay any such debts/liabilities he will be free in deducting same from maintenance allowance of wife. 4. The wife shall not start any proceedings in ending of marriage against her husband excepting adultery on the husband’s part and after date of this agreement. If husband does not pay the monthly allowance as aforesaid, the wife would be free to either enforcing terms of this agreement or taking any proper legal step 5. This deed shall be cancelled on expiry of the wife (or, expiry of either parties hereto). IN WITNESS WHERE OF, the parties have executed this Agreement as of the date first above written. Husband:            Wife: ________________           ________________  Witnesses:  1.  2.  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • PETITION OF WIFE FOR DECREE OFNULLITY OF MARRIAGE

    PETITION OF WIFE FOR DECREE OF NULLITY OF MARRIAGE Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-) (See sections 18 and 19) In the High Court of.................. ………………………………….. ............................................................. Petitioner  versus  …………………………………………………………………………........................ Respondent To the Hon'ble Justice ………………………............ or to the Judge of...........................................  The humble petition of ……………………………………………. of   Name……………………………………………………………………………..  Occupation………………………………………………..…………………..  Address ……………………………………………………….………………… SHWETH: 1. That the parties of all material times per these proceedings were at present Christian by faith/religion. 2. That on the.................. day of….............. your petitioner, then a spinster, aged about...........years went through an alleged marriage with the respondent (at someplace in India, state the place) and since that date known as factually married, though not per law, to……………….., then a bachelor of about 30 years of age. 3. That since that marriage on the ............ day of............... and until the ............ day of............ petitioner and the respondent cohabited and lived to together at various places such as ...............  and lastly at............................... . 4. That said …………..has never sexually celebrated the said pretended marriage by sexual inter course5. That at the time of the celebration of your petitioner's said alleged marriage, the said …………… was and still his impotency/malformation, legally incompetent to enter into the contract of marriage. (State other reason if applicable, e.g., prohibited degree, lunacy, idiocy, etc.) 6. That there is no connivance/collusion between the parties with respect to the subject of these proceedings. Your petitioner hence prays that this (Hon’ble) Court might be pleased to declare the said marriage as nullity. Signed ………………. Verification. I, ……………………….. daughter of ……………............... aged ............... by occupation service residing  at............................................................................ do hereby solemnly affirm and say as follows: I am the petitioner above-named and I know the facts and circumstances of this case. The statements made in paragraphs Nos. 1 to 6 of the petition are true to my best knowledge and  belief and that I have not suppressed any material fact.  I sign this verification on this .................. day of ............... at the Court House at...............  ………………………….  Before me  Notary  Signature  Advocate

  • FORMAT OF THE MUTUAL DIVORCE PETITION DRAFT

    FORMAT OF THE MUTUAL DIVORCE PETITION DRAFT Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-) BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT  (NAME OF THE PLACE) HMA PETITION No._______ OF 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 HMA FOR  DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT MOST RESPECTFULLY SUBMITTED AS UNDER: 1. The marriage between the parties was solemnized on ———at ————-, by Hindu rites and ceremonies. The said marriage was consummated thereafter and the parties lived as husband and wife at the matrimonial home i.e. ————————-. The particulars showing the details of the parties to the present petition is given here under: HUSBAND BEFORE MARRIAGE Age Address Status HUSBAND AFTER MARRIAGE Age Address Status WIFE BEFORE MARRIAGE Age Address Status AFTER MARRIAGE Age Address Status 2. That there is no child born out of the wedlock of the parties. (or describe the name age and date of birth of the children and also describe the agreement about the custody of the children between the couple specifically in the Mutual Divorce Petition Draft). 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 to live as husband and wife anymore. 4. That all the efforts of reconciliation between the parties to continue the present marriage have failed and there are no further chances of reconciliation between the parties anymore. 5. That the parties are residing separately since ______________ and there is no cohabitation between the parties since then. (Seek specific legal advice on the issue as it varies for Hindus and Christians then mention it in Mutual Divorce Petition Draft) 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, counterclaims, 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. ( Seek online legal service for the drafting of the mutual divorce agreement which regulates the entire terms and conditions of mutual divorce) 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 the grant of the decree of divorce to the parties on the basis of mutual consent. 12. That the terms and conditions between the parties are contained in the MOU signed and executed between the parties which are being attached as a part of the present petition and the parties undertake to comply with the same. P R A Y E R 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 favor of the petitioners. Petitioner No.1                                                              Petitioner No.2

  • SEPARATION DEED BETWEEN HUSBAND AND WIFE WITH A TRUSTEE

    SEPARATION DEED BETWEEN HUSBAND  AND WIFE WITH A TRUSTEE  Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) THIS DEED OF SEPARATION made on the _______________ day of____ __________BETWEEN Sh._________________________________,  S/o_________________________________, R/o _________________________________ (hereinafter called "the husband') which expression shall unless the context so needs including his successors, executors and administrators of the one part, Smt.________________________________,  W/o________________________________,  R/o _________________________________ (hereinafter called "the wife") which expression shall unless the context so needs including her successors, executors and administrators of the second part. AND Sh.___________________________________,  S/o___________________________________,  R/o___________________________________ (hereinafter called "the trustee") which expression shall unless the context so needs including his successors, executors and administrators of the third part. WHEREAS due to mutual disagreements between the husband and wife they have consented to live separate from each other and to enter into the arrangement for sustenance per terms after it contained. AND WHEREAS the husband bears by the wife two children under name "_______________________" and "_____________________________________" (names of the child). NOW THIS DEED WITNESSES and the husband and wife hereby agree with each other and separately with the trustee, and the trustee so agrees with the husband as far as the covenants and enactments after it contained are or should be performed or obeyed by the wife or the trustee, the parties agree as follows: 1. The wife may always after it independently, separately not associated from the husband in all respects unchecked from the influence/command of the husband and without his governance. 2. Neither husband nor wife shall disturb the other nor intervene or sue for restitution of conjugal rights against the other. 3. The wife shall always after it be sole custodian/control of above stated children with their education and upbringing during their minority. If the husband shall at all convenient/reasonable times bear access to the children and the liberty to correspond with them. 4. The husband shall during the life of the wife and so long as she remains chaste pay to the trustee the fixed payment of Rs. ________________ in trust for the wife as her separate estate. The said payments shall be paid in advance by equated monthly installments on the 1st day of each month and the wife shall have no power during her cover to anticipate the same.  i. The trustee shall wisely invest the principal money as paid to him and his free withdraw the money and invest it on any other investment of any type hereby empowered;  ii. The trustee shall be paying income of the investment with interest received by him from husband to wife during the joint life of the husband and wife and till the wife remains chaste without power of anticipation;  iii. After the expiry of husband or wife the trustee shall keep the said investments with principal money and interest received by him hereunder in trust for their survivor;  iv. The wife shall not be empowered to dispose of such reversionary interest by way of anticipant; 5. The wife shall sustain herself and while meeting expenditures of all kinds out of as laid for her by this deed. 6. The wife shall be free hence fourth to remove from the husband's house all her clothing, jewelers and personal effects including everything belongs to her as her separate property. 7. After the date of this agreement, the wife shall pay and discharge all debts and liabilities incurred by her. The wife undertakes to keep the husband, compensated there from. If husband has to pay any such debts/liabilities he will be free in deducting the same from the sustenance allowance of the wife. 8. If wife expires per life term of husband, her whole separate estate, movable/immovable, remaining indisposed of in her lifetime or per will, shall be bested to person/persons becoming entitled to it. If the husband expired in her lifetime. If the husband is alive, he shall allow her Will to be proved or administration to her estate to be taken out by such person or persons. 9. If parties reconciling and returning to cohabitation or their marriage shall be ended or shall be judicially separated due to misconduct of the wife as on after this date and in any such case all the agreements and enactments stated herein shall become null and void but not prejudicing the right of any party to start proceedings concerning any antecedent contravention of any such agreement or enactment. 10. This deed shall be cancelled by the death of either of the parties hereto. IN WITNESS WHERE OF, the parties have executed this Agreement as of the date first above written.  Witnesses:  1.  2.

  • Mutual Consent Divorce Petition

    Mutual Consent Divorce Petition |  Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) Step By Step Guide What is divorce by mutual consent? The parties can seek divorce by mutual consent by filing a petition before the court under section 13-B of the Hindu Marriage Act, 1955. In a divorce by mutual consent, mutual consent means both the parties have agreed on peaceful separation. If you want to come out of your marriage then the mutual divorce consent petition is a simple way to dissolve it legally. The only thing that matters here is the mutual consent between the husband and wife who are going to be separated using this mutual consent divorce phenomena. There might be a question into your mind like what will happen to child custody? So, that’s not a big deal it can be worked out between the parties effectively. Child custody in mutual consent divorce can be shared or joint or exclusive depending upon the understanding of the spouses. So, I will say a better understanding between your mother and your father will make your future better. Now the questions come into my mind that where can the mutual consent divorce be filed? and when can the diverse mutual consent be filed? Let’s See this. When can the mutual consent divorce be filed? One thing that you need to keep into a mind that if you want to get separated like if you are the parties then you have to wait for at least one year from the date of marriage to file a mutual consent divorce petition. Do you know why this is required? because they have to show that they have been living separately for a period of a year or more than a year before the presentation of the petition for divorce. And the second reason is that they have to show that they are living separately and now they are not living as husband and wife from a long time. We already have provided the mutual consent divorce petition format here on our website. You can follow that if you need this. Where to file the mutual consent divorce petition? If you are the party, then you can file the mutual divorce consent petition in the family court of the city or the district court of the city, in other terms the court of their matrimonial home. Now you have got the idea of where to file the mutual consent divorce petition and when to file the divorce by mutual consent. Now the questions come into my mind is – Is there different laws of divorce for different religion in India? Divorce laws for different religion in India In the Indian constitution, different laws for diverse for different religions. For example- Hindu Marriage Act, 1955 covers Hindu Sikh Jain and Buddha. Indian divorce act -1569 and Indian Christian Marriage Act, 1872 covers Christian families. Whereas Muslims are governed by personal laws of divorce and also by The dissolution of Marriage Act. 1939 and the Muslim Women (protection of rights on divorce) Act. 1986. Similarly, the Parsis are governed by the Parsi Marriage and Divorce Act 1936. Other than these all regional diverse acts we have a secular law called Special Marriage Act, 1954. How to file the mutual consent divorce petition in the court? A divorce petition is a form of an affidavit which the party summit in the family court. After the filing of a petition and the recording the statement of both the parties. Generally, the court adjourned the matter for a period of 6 months. What will happen in the court after filing a mutual consent divorce petition? After 6 months the father and the mother or the parties have to present themselves again in the court for making the second motion confirming the mutual consent divorce petition filed earlier. Can anyone withdraw the mutual consent petition after filing in the court? What will be the scenario then? Yes, anyone from the party who has gone for mutual consent divorce is fully entitled to withdraw the divorce consent by filing an application before the court stating that he/she does not wish to seek the mutual consent divorce. But this can only be done during the period of six months when the petition is pending in the court. In circumstances like this, the court grants no divorce decree. So, the question comes into my mind is, what will the other party or partner do under such circumstances. What should be my next step if I were the other partner in this situation? There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of Section 13 of the Hindu Marriage Act, 1950. In situations like this, the divorce can be granted only on certain specified grounds like cruelty; desertion; voluntary sexual intercourse with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years. I hope now you got a clear idea about what should be the next step that can be followed by the other partner. Can the spouse consent for remarriage without getting a divorce from the existing partner? Remarriage without getting a divorce is a punishable offence with seven years imprisonment. So, be aware of this and let your partner know that you are going for remarriage on mutual understandings. Should the divorce be applied, If either of the spouses is not heard for a long time? If you have the absence proof of a spouse without any prior information to the other spouse about his whereabouts for a continuous seven years period. A petition can be filed in this regard in the court. When a divorcee can remarry? Depending on the nature of decree and after the expiry of three months from the date of the decree if no notice of appeal is received by the person remarrying from the other person. I want to go for Mutual consent divorce, how much it costs? If you want to go for mutual consent divorce then the cost would be around 25000 to 75000 on the type of lawyer you have hired. But if you want to reduce the cost of mutual consent divorce petition then you should file this divorce petition by yourself and documentation should be done by you. If you need our help in the documentation process of mutual consent divorce petition then you can contact us on this. How much time does the whole process take from filing the mutual consent petition in the court till the passing of the decree (judgment) by the court? If you ask me about the time for this whole process, then there is no certainty in this depending on the case and depending on the location you are in, it can take up to 6 months also or it can take up to 1 year also and in some cases it can take more than 1 year as well. Final Words on Mutual Consent Divorce Petition Look, I am a lawyer and I should not say this but still, I am saying this to you and the parties who are going to file a mutual consent divorce petition. Divorce is not a solution. If there are any misunderstandings between you and your partner then you can sit and talk together on the things which are creating issues in your life. I am nobody to suggest anything on this but still, I will suggest you to solve all your matters on your own goodwill. Enjoy your life, take a risk for your children. help each other, stay with each other. love each other and make this life smoother than anything else. Let’s give your relation, another chance with a positive approach. Things will be better I guarantee that.

  • INDEPENDENT CONTRACTOR'S AGREEMENT

    INDEPENDENT CONTRACTOR'S AGREEMENT  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-) Provides for an independent contracting agreement for virtually any type of services, which can be performed by an independent contract  THIS AGREEMENT is made  BETWEEN  ________________________________________________________ (hereinafter referred to as the as CONTRACTING PARTY) a Company incorporated under the Indian Companies Act, having its Registered Office at ____________  AND _______________________ s/o/d/o Mr___________________________________.____________, resident of _______________________________________________________________________ (hereinafter referred to as the INDEPENDENT CONTRACTOR). Together referred to as the Parties. IT IS HEREBY AGREED BY PARTIES AS FOLLOWS:  1. INDEPENDENT CONTRACTOR shall perform the following services for CONTRACTING PARTY: 1.____________ 2.____________ Rs. ______ per unit  2. This agreement shall begin on (Date) ____________ and shall terminate on (Date)______ unless earlier terminated.  3. Contracting Party may terminate this contract on 14 days notice to Independent Contractor for unsatisfactory performance. Similarly independent contractor may terminate this contract on 15 days notice to contracting party.  4. This is an agreement for independent contracting services. The contracting party provides no benefits such as E.S.I.., Provident Fund, compensation under Workmen Compensation Act etc. to independent contractor. Independent contractor will be himself liable for all these. 5. Contracting party is only interested in the results obtained by the independent contractor. Independent contractor shall be responsible for providing all tools and materials required for performance of the tasks agreed to.  6. Independent contractor is responsible for payment of all central and state government levies and taxes. He is also responsible for any other law in force.  7. Any dispute between parties, if failed to resolved by mutual consultation, will be referred for arbitration under arbitration and conciliation act, 1996. The decision of arbitrator will be final and binding to both the parties.  The agreement is read, understood and agreed by both the parties and have hereto respectively signed. Date:__________ Place:__________  DECLARATION BY STAFF OF SECURITY COMPANY I________________________, S/O_______________________,  Shri ______________________, resident of ____________________________________________________________have fully understood the conditions as explained to me, to my entire satisfaction by M/s. ___________________ for contractual appointment as __________________________in the said security company. I have therefore, willing and consciously decided to seek employment with M/s.______________ ________ and to abide by the rules and regulations as prevalent in the company from time to time. That in the event of my quitting/abandoning the said company on my own, I shall do so on my own risk and responsibility.  That the company has the prerogative to assign me duties at a place /premises, as deemed fit by the authorities. That I shall not join any labour union and in such an eventuality, the company authorities will be at liberty to part with my services, without any notice.  That I shall not seek refund of security towards uniform as long as I work with the said company. In case of quitting before completion of one year, I shall seek refund only after one year on the production of original receipt in support of having deposited the security money. That security profession requires high standard of honesty and alertness. If at any point of time I am found lacking in discharge of my duties or found of any kind of misconduct or under the influence of liquor, the company will be at liberty to terminate my services without any notice. Name ____________  Address: ___________ Witnesses:-  1.  2.

  • RENEWAL OF SERVICE CONTRACT

    RENEWAL OF SERVICE CONTRACT  THIS AGREEMENT is made BETWEEN ________________________________________ (hereinafter referred to as the Company) a Company  incorporated under the Indian Companies Act, having its Registered Office at ___________________ AND __________________________ s/o/d/o Mr._____________________________________,  resident of _________________________ (hereinafter referred to as the Employee). Together  referred to as the Parties. WHERE AS the Employee has served the Company for a period of one year pursuant to an agreement  dated ______________executed between the parties hereto.  AND WHEREAS it has been agreed between the Parties that the Company shall re-engage the Employee upon the terms and conditions hereinafter appearing in addition to the terms and conditions of the agreement above referred and previously executed between the Parties.  IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:  1. That the Company will re-employ the Employee as the ___________________[designation] of the Company.  2. The Employee shall serve the Company for a further period of ___ years from the date of this agreement.  3. The Employee shall be given salary Rs.__________ per month.  4. The remaining terms and conditions of this agreement shall be the same as are contained in the aforesaid agreement of the parties dated _______________ in so far as they may be applicable to the employment under this agreement and all the terms and conditions contained in the said agreement shall be deemed to have been incorporated in this agreement.  5. The agreement is read, understood and agreed by both the parties and have hereto respectively signed.  Date:__________  Place:__________ For (Name of Company)  By the Employee:  Signature_______________  Designation:__________  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.30/-)

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