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  • Deed of family settlement

    Deed of family settlement  THIS FAMILY SETTLEMENT DEED is made and entered into Act Mumbai on this ........ day of ...................., 2010  BETWEEN  1. Name(A) Address 2. Name(B) Address 3. Name(C) Address Herein after collectively refer to as the “Family Members”. WHEREAS, One Mr. (A) purchased a flat being a flat No. .... Situated at {Addersss}, vide the agreement dated ............., in the joint names of (A), (B) & (C) AND WHEREAS, during the life time of said (A), also helped and purchased separate flat for the purpose and in the name of .....................  i.e.  the flat No. .............. {Address} AND WHEREAS, during the life time of said (A), also helped and purchased separate flat for the purpose and in the name of Mr. .......................... , {Address} AND WHEREAS, said Mr. (A) Expired on 20-1-20010 and thereafter with the intention and purpose of maintaining family unit and peace, the family members herein decided amongst themselves to mutually settle their interest amongst themselves, in the manner provided herein below and since the parties are desirous of avoiding any future problems, it is decided by the parties hereto, to reduced in writing the terms and conditions, which appears herein below. NOW THIS INDENTURE WITNESS AS FOLLOWS :  1. It is decided between the parties hereto that as far as flat No. ........ (Address) standing in the name of, (A) Shah is concerned, the same shall herein after be transmitted in the names of ............. (A) Shah and  for the purpose  ............. hereby further declared that hereinafter the abovementioned flat No. ............... shall be the sole and absolute property of ..................... and they shall be at liberty to deal with the same, as they desire. 2. It is hereby further agreed between the parties hereto that as far as flat No. ............ is concerned it shall stands in the name of .................., and the said flat  shall be the sole and absolute property of ................... and he shall be at liberty to deal with the same, as he desires. 3. It is hereby further agreed between the parties hereto that as far as flat No.................... is concerned, the said flat shall  stands in the name of ................., and the said flat shall be the sole and absolute property of ....................., and he shall be at liberty to deal with the same, as he desires. 4. It, is categorically agreed between the parties  hereto that all the brothers namely,  .......................... and  the said flat  shall always remain exclusive and absolute property of Jayesh (A) Shah  and that no other brothers and /or his/ their heir or legal representatives will claim any rights or interest therein. 5. It is hereby categorically agreed and decided by the parties hereto that  hereinafter, each brother shall be the sole and exclusive owner of their respective flat and even after the death of their mother ...... the flat No. 786, situated ............. shall be sole, absolute and exclusive property of said ............ and his wife ............. and it is further declared and confirmed by the parties hereto that neither the other brothers namely ................... and /or their any heirs nor legal representative, will claim any rights or interest in respect of said flat No. ..................................and   similarly   it   is   declared   and confirmed by ..........................and  Mrs. ................ that neither they will nor  their any heirs nor legal representative, will claim any rights or interest in respect of aforesaid flat ...................... IN WITNESS WHEREOF PARTIES  hereto, set and subscribe their respective hand on the day and year first herein above written. Signed and Delivered by the withinnamed ) ................................................... ) In the presence of ) Signed and Delivered by the withinnamed ) ...................................... ) In the presence of ) Signed and Delivered by the withinnamed ) .................................................... ) In the presence of ) Signed and Delivered by the withinnamed ) .................................................. ) In the presence of ) Signed and Delivered by the withinnamed ) ....................................... ) In the presence of ) Signed and Delivered by the withinnamed ) ........................................ ) In the presence of ) Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)

  • APPLICATION UNDER SECTION 13-B(2) OF THE HINDU MARRIAGE ACT FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE WITH MUTUAL CONSENT

    APPLICATION UNDER SECTION 13-B(2) OF THE HINDU MARRIAGE ACT FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE WITH MUTUAL CONSENT Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-) IN THE COURT OF.......................................... In Re: H. M. A. Case No................................ 200 In the Matter of: - AB....................................................... Petitioner No. 1 And CD....................................................... Petitioner No. 2 PETITION UNDER SECTION 13-B(2) OF THE HINDU MARRIAGE ACT AS AMENDED UPTO DATE FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE WITH MUTUAL CONSENT. Most Respectfully Showeth: 1. That a marriage was solemnised between the petitioner No. 1 and petitioner No. 2...................................at...................................... according to the Hindu rites and ceremonies. The affidavits of petitioners to this effect duly attested are attached. 2. That the status, age and place of residence of the parties to this petition before marriage and at the time of filing of the present petition were/are as follows: - PETITIONER NO. I/WIFE Status Age Place of Residence  Before Marriage Hindu Virgin At the time of Hindu Filing the Married Petition PETITIONER NO. 2/HUSBAND Status Age Place of Residence Before Hindu Marriage Bachelor At the time Hindu  of Filing the Married Petition 3. That the parties to the petition were Hindu by religion at the time of marriage and they continued to be so at the time of filing the present petition. 4. That the marriage between the parties was duly consumated and out of the said wedlock one male child born out on............................ It has been mutually agreed that the petitioner No. 2 shall keep and maintain the above said child till he attains the age of majority. 5. That the parties to the present petition lived together as husband and wife till — and thereafter have been living separately on account of difference due to one reason or the other and there is no possibility of reconciliation between the parties. 6. That since there is no possibility of reconciliation between the parties, they have agreed to convert the petition filed by the petitioner No. 1 for dissolution of marriage to a petition by mutual consent for dissolution of their marriage under section 13-B(1) of the Hindu Marriage Act. 7. That no other case is pending in any court of law between the parties except than this present petition and no consideration of money have taken place between the parties to file this present petition. 8. That as stated above, the above named parties are living separately since .................... and there is no chance of living together or any other reconciliation between the parties and as such they have agreed for dissolution of their marriage of their own free will and consent. The consent has not been given by either party by fear, force, fraud, coercion or undue influence. 9. That the present petition has not been filed in collusion of the parties. 10. That there is no ground as to why the relief prayed for cannot be granted to the parties. 11. That there is no improper or unreasonable delay in filing the present petition, 12. That as prayed in application filed under section 151 CPC the period of six months for moving second motion under section 13-B(2) of the Hindu Marriage Act may be waived off condoned in the circumstances of the case. 13. That there is no improper or unreasonable delay in filing the present petition. 14. That the marriage was solemnised and consumated at.................... between the parties and they also last resided together at.................... hence this Hon’ble Court has jurisdiction to entertain and try the present petition. 15. That the prescribed court fee has already been affixed on the petition.  It is, therefore, most respectfully prayed that in the interest of justice, this Hon’ble Court may be pleased to dissolve the marriage between the parties by passing a decree of divorce with mutual consent. It is prayed accordingly. Petitioner No. 1  Petitioner No. 2  Through Advocate  Dated:.................... Place:.................... VERIFICATION Verified at.................... on this.................... day of.................... by the above named petitioners No. 1 and 2 on solemn affirmation that the contents of paras No.......................... of the petition are true and correct to our knowledge and those of paras No. of the petition are based upon the legal information received and believed to be true. Last para is prayer to this Hon’ble court, Verified at.................... on this..................... Petitioner No. 1. Petitioner No. 2. AFFIDAVIT IN SUPPORT OF PETITION IN THE COURT OF................................. In Re: H. M. A. Case No..................... 7200 IN THE MATTER OF: AB....................................................... Petitioner No. 1 versus  CD....................................................... Petitioner No. 2 AFFIDAVIT I,........................................ son of Shri........................................ resident of ............................................................ do hereby solemnly affirm and declare as under:- 1. That the deponent has filed the accompanying petition under section 13-B(2) of Hindu Marriage Act, the contents of the said petition be read-as part of this affidavit which have not been reproduced herein for the sake of brevity. 2. That the marriage between the petitioner No. 1 and deponent was solemnised on........................................ according to Hindu rites and customs 3. That the petitioner Nos. 1 and 2 are living separately after..................... 4. That there is one male child born out of the said wedlock on.................... 5. That the present petition has not been presented in collusion of the parties. 6. That the accompanying petition has been drafted by my counsel under my instructions, the contents of which may be read as part and parcel of this affidavit and are not being reproduced herein for the sake of brevity. Deponent  VERIFICATION Verified.................... on this.................... that the contents of this affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom. Deponent AFFIDAVIT IN SUPPORT OF PETITION IN THE COURT OF......................................... In Re: H. M. A. Case No..................... /200 In the Matter of: - AB....................................................... Petitioner No. 1 And  CD....................................................... Petitioner No. 2 AFFIDAVIT I............................................... wife of........................................... resident of .................................................................. do hereby solemnly affirm and declare as under: 1. That the deponent has filed the accompanying petition under section 13-B(2) of Hindu Marriage Act. The contents of the said petition be read as part of this affidavit which have not been reproduced herein for the sake of brevity. 2. That the marriage between petitioner Nos. 1 and 2 was solemnised at ................................................ according to Hindu rites and customs..................... 3. That the petitioner Nos. 1 and 2 are living separately after,.................... 4. That there is one male child born out of the said wedlock, on.................... 5. That the present petition has not been presented in collusion of the parties. 6. That the accompanying petition has been drafted by my counsel under my instructions, the contents of which may be read as part and parcel of this affidavit and are aot being reproduced herein for the sake of brevity. Deponent  VERIFICATION Verified at.................... on this........................................ that the contents of my above affidavit are true and correct to my knowledge. Deponent DISSOLUTION OF MARRIAGE (SECTION 13) Conversion to other religion does not automatically bring about dissolution of marriage.1 CHILDREN OF VOID MARRIAGE Under Section 16 of Hindu Marriage Act, 1955 children of void marriage are legitimate.2 CONTRACTING SECOND MARRIAGE AFTER EMBRACING ISLAM Any marriage solemnized by the husband during the subsistence of marriage inspite of conversion to another religion would be an offence triable under section 17 of the Hindu Marriage Act read with Section 494 IPC.3 1. Lily Thomas v. Union of India, AIR 2000 SC 1650. 2. Rameshwari Devi v. State of Bihar, AIR 2000 SC 735. 3. Lily Thomas v. Union of India, AIR 2000 SC 1650.

  • Deed of Separation between Husband and Wife

    Deed of Separation between Husband and Wife This Deed is made the……….day of 2010 between AB of etc. (hereinafter called the husband) of the one part and CD, of, etc. the wife of the said AB (hereinafter called the wife) of the other part. WHEREAS unhappy differences and disputes having arisen between the parties hereto, as a result whereof the marriage between them has broken down and they are now living separate and apart from each other and intend to so live hereafter unless there is any reconciliation and for which purpose they have agreed to enter into such arrangement as is hereinafter contained: NOW IT IS HEREBY AGREED as follows: 1. The parties hereto shall further live and continue to live separate and apart from each other and neither of them shall have the right to the society of the other or shall molest, annoy or interfere with each other. 2. The husband shall, during the joint lives of himself and the wife pay to the wife, during her life for the maintenance of herself a monthly sum of Rs……….commencing from. 3. The wife shall have the custody and control as also guardianship of the children of the marriage, EF and GS now aged ………years and …years respectively, and shall, out of the said sum of Rs……… maintain and educate the said children until they shall respectively attain the age of……. years, and shall keep the husband and his estate indemnified from and against all claims and demands on that account. 4. The wife shall be at liberty to remove forthwith from……..aforesaid all her wearing apparel, jewellery and other personal effects, and also such of the furniture and other household goods and effects at aforesaid as belong to her as her separate property. 5. The wife shall pay for and discharge all debts incurred by her after the date hereof, whether for maintenance, support or otherwise and keep the husband and his estate indemnified therefrom and against all actions, claims and demands in connection therewith; otherwise the husband shall have the right to set off all sums so paid as against the wife out of the moneys payable by him to her as aforesaid. 6. The husband shall have access to the children under arrangements to be made between them from time to time. 7. The husband may see and have the sole society of the said EF and GH at……every Saturday, (or etc.), between the hours of……..and………p.m. Provided always and it is hereby agreed that in case the husband and the wife shall at any time hereafter with their mutual consent live together as man and wife, then and in such case the said sums shall be no longer payable, and all the agreements hereinbefore contained shall become void and ineffective. Provided also, that this deed shall stand revoked by the death of either party. IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above-written. Signed, sealed and delivered by AB the husband in the presence of: Signed, sealed and delivered by CD the wife in presence of: Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • PETITION FOR JUDICIAL SEPARATION SPECIAL MARRIAGE ACT

    PETITION FOR JUDICIAL SEPARATION SPECIAL MARRIAGE ACT IN THE DISTRICT COURT AT.................... ........................................................................ Petitioner versus  ..................................................................... Respondent Petition for judicial separation under Section 23 of the Special Marriage Act, 1954 (No. 43 of 1954) The petitioner prays as follows: — 1. The petitioner is the husband/wife of the respondent. The marriage between the parties was solemnized/registered under Chapter II/Chapter HI of Act the Act by the Marriage Officer of.................... at................. on................. A certified copy of the certificate of marriage is attached with this petition: 2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows: Husband Wife Status Status Age Age Place of Residence Place of Residence (i) Before marriage (ii) At the time of filing the petition 3. (In this paragraph state the names of the children, if any of the marriage together with their sex, dates of birth or ages). 4. The respondent has.................... (any one or more of the grounds available for judicial separation may be pleaded here. The matrimonial offences charged should be set in separate paragraphs with time and places of their alleged commission. The facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits). 5. (Where the ground of petition is adultery). The petitioner has not in any manner been accessory to or convinced at or condoned the adultery. 6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelty. 7. Where has not been any unnecessary or improper delay in filing the petition. 8. The petition is not presented in collusion with the respondent. 9. There is no other legal ground why relief should not be granted. 10. There has not been any previous proceedings with regard to the marriage by or on behalf of the parties. OR There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: — Serial No. Name of Parties Name of Proceedings with section of the Act Number and date and year of the case Name and location of the court Result (i) (ii) (iii) (iv) 11. The marriage was solemnized at........................................ The parties last resided together at........................................ The parties are now residing at........................................ (within the local limits of the ordinary original jurisdiction of this Court). 12. The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition. 13. The petitioner, therefore, prays for a decree for judicial separation against the respondent. Petitioner  VERIFICATION The abovenamed petitioner states on solemn affirmation that Paras................. to.................... of the petition are true to the petitioner’s knowledge and paras .................... to.................... are true to the petitioner’s information received and believed to be true by him. Verified on this................. day of.................... 19.................... at.................... Place.................... Petitioner Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • Petition by a Guardian of Minor Child for Maintenance against Father under section 125, Cr PC

    Petition by a Guardian of Minor Child for Maintenance against Father under section 125, Cr PC In the Court of……………………Magistrate Case No…………………………..of 2010                                          Petitioner  (minor M through his next Opposite Party F friend U)  maternal uncle Son of……………….                 Versus        Son of....................... Village………………                                  Village…………….. Thana………………                                   Thana……………… In the matter of maintenance of minor M, son of opposite party F under s. 125, Cr PC The humble petition of the minor M through his maternal uncle Most Respectfully She weth: 1. That the opposite party F lawfully married the petitioner's mother according to the Hindu rites in the year Your petitioner is the son of the opposite party born of that marriage on…….. 2. Your petitioner's mother died on………Since his mother's death the petitioner has been living under the care and protection of his maternal uncle. 3. The opposite party, although a man of means, took no notice of the petitioner since his mother's death except by casual enquiries. Your petitioner's maternal uncle went out of job last year and it is somewhat difficult for him now to maintain his family. Your petitioner, the minor son of the opposite party, is now……..years old and is already in school. 4. Your petitioner's maternal uncle requested the opposite party several times to come forward with some help every month for the education and upbringing of his son, the petitioner. 5. The opposite party has been avoiding his liability to pay for maintenance and education of his child and has not so far paid any sum in spite of repeated requests. 6. The opposite party has a monthly income of Rs. 5000 from salary and house rent and is capable of maintaining his child. 7. Your petitioner prays that the court may be pleased to issue notice on the opposite party and after taking necessary evidence be pleased to order the opposite party to pay a monthly allowance of Rs. 500 for the maintenance and education of the petitioner, his child. And your petitioner, as in duty bound, shall ever pray. Verification I, U, son of MN, residing at………………….. do hereby solemnly affirm and say as follows: I am the uncle of the petitioner, M. The petitioner is living with me for the last several years since the death of his mother. I know my sister's husband F since his marriage to my sister, since deceased. I am able to depose to the facts of the case. I am affirming this affidavit for self as also as representative and on behalf of M. The statements in paragraphs 1 to 6 of the foregoing petition are   true to my knowledge. Solemnly affirmed by the said U on this…….of……….2010 at the Court House in Mumbai                                                     Signature Before me Commissioner/Magistrate Notary Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • Petition by wife for judicial separation on the grounds of her husband's adultery

    Petition by wife for judicial separation on the grounds of her husband's adultery (See section 22)                                                                                       In the High Court of…………………..                                                                           CB                                 Petitioner                                                                        Versus                                                            AB                             Respondent To the Hon'ble Mr. Justice………. (or to the Judge of………………..) The humble petition of CB of No……………….. the wife of AB residing at………………………. Sheweth: 1. That on the….day of……..your petitioner, then CD (maiden name) was lawfully married to the respondent AB lived and cohabited at ……and…….and the said marriage is still subsisting. 2. That ever since the said marriage, your petitioner and the respondent AB lived and cohabited at……….and they have the following issue living of their said marriage. 3. That on diverse occasions between the month of……… and the month of…….the respondent AB while staying at………..committed adultery with one EF who was then in the service of the said AB and your petitioner at their said residence aforesaid against the wishes of and in spite of protest from your petitioner. 4. That your petitioner has not condoned any of the acts of adultery on the part of the respondent. 5. That there is no collusion or connivance between your ……. petitioner and the said AB with respect to the subject of the present suit. Your petitioner therefore prays that this (Hon'ble) Court might be pleased to pass a decree of a judicial separation of your petitioner from her said husband by reason of his aforesaid act of adultery. Signed                                                                                     CB Verification I, CB wife of AB daughter of XY aged about…………..years residing at do hereby solemnly affirm and say as follows: State the respective ages of the children. I am the petitioner above-named and I know and I have made myself acquainted with the facts and circumstances of this case. The statements made in paragraphs 1 to 5 are true to my knowledge and belief.     I sign this verification on this………day of……..at the Court House at…….. Signature of CB Before me                                                                  Signature of Advocate Notary Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • SUIT FOR DOWER AFTER DISSOLUTION OF MARRIAGE

    SUIT FOR DOWER AFTER DISSOLUTION OF MARRIAGE IN THE COURT OF THE.................... Suit No..................... of 19.................... CD.................................................................... Plaintiff versus  C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. The plaintiff and the defendant are Sunni Mohammedans. They were married to each other on.................... 19.................... according to Muslim Law applicable to Sunnis, and at the time of marriage Rs..................... was settled to be the dower debt out of which Rs..................... was settled to be the prompt dower and the rest as deferred dower. 2. That the defendant paid neither the prompt dower nor the deferred one, and has divorced the plaintiff by uttering the words "I divorce You, " three times in the presence of the plaintiff, on.................... 19.................... /or that the defendant has died on.................... without payment of the dower debt aforesaid to the plaintiff. 3. That as the plaintiff is heir of l/8th share of the properties left by the defendant, she has disclaimed l/8th share of her dower debt to be deducted from the dower debt. 4. That the plaintiff is in possession of the properties left by the defendant. 5. That the cause of action arose on.................... 19.................... when the defendant divorced the plaintiff/or when the defendant died and this Court has jurisdiction to try the suit. 6. The suit is valued at Rs..................... the amount due of the dower debt, and Court fees is paid according to the relief claimed. RELIEF CLAIMED: The plaintiff claims payment of Rs..................... from the defendant/the defendants the legal representatives of the deceased. Plaintiff  Through  Advocate  VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those vof paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

  • Petition by Husband for Dissolution of Marriage with Damages against Co-respondent by Reason of Adultery

    Petition by Husband for Dissolution of Marriage with Damages against Co-respondent by Reason of Adultery In the High Court of…………………. To the Hon'ble Mr. Justice………………… (or to the Judge of……………..) AB………………………………….Petitioner                                             versus CB…………………………………….Respondent XY………………………………………..Co-respondent The humble petition of AB of (full name and address) Sheweth: 1. That the parties to the petition were and are domiciled in India and Christian by faith and religion. 2. That on the………..day of……………..your petitioner was lawfully married to CB, then CD, a spinster aged about…………….years at………………. and the said marriage is still subsisting. 3. That ever since his said marriage, your petitioner lived and cohabited with his said wife from time to time at various places, viz….and lastly at…………in or about………and that your petitioner and his said wife have had several issues of their said marriage, viz.,……….children named…….who are aged…….respectively and…………years, the respective dates of their birth being……….day of………… and …………..day of…………. 4. That during the…………years immediately preceding the day of ……….XY was constantly, with few exceptions, residing in the house of your petitioner at……………….aforesaid and that on diverse occasions during the said period, the dates of which are unknown to your petitioner, the said CB in your petitioner's said house committed adultery with the said XY. State briefly the circumstances from which the petitioner came to the conclusion as to adultery. (If the marriage was solemnised out of India, the adultery must be shown to have been committed in India. 5. That there was never nor is at present any collusion or connivance between the petitioner and his said wife for the purpose of obtaining dissolution of their said marriage or for any other purpose.) 6. That your petitioner has not condoned any of the acts of adultery on the part of the respondent. 7. Your petitioner, therefore, prays that this (Hon'ble) Court might be pleased to pass a decree for dissolution of the said marriage and that the said XY do pay the sum of Rupees……………….as damages by reason of his having committed adultery with your petitioner's said wife, such damages to be paid to your petitioner, or otherwise paid or applied as to this (Hon'ble) Court seems fit. Signed                                                                                 AB Verification I, AB, son 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 the case. The statements in paragraphs 1, 2, 3, 4, 5 and 6 of the petition are true to my knowledge and belief and that I have not suppressed any material fact. I sign this verification this………….day of………..at the Court House at…………… Before me                                                              Signature Notary                                                                   Advocate Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • Petition for a judicial separation by reason of cruelty

    Petition for a judicial separation by reason of cruelty (See section 22)                                                                                     In the High Court of…….. To the Hon'ble Mr. Justice (or To the Judge of……..) The humble petition of AB (wife of CB) of……………………………….. Sheweth: 1. That at all material times the parties to the above proceedings were Christian by birth and religion and domiciled in India. 2. That on the……..day of………………your petitioner, then AD (spinster), was lawfully married to CB according to law governing them and the said marriage is still subsisting. 3. That there is no issue of the said marriage. 4. That ever since her said marriage, your petitioner lived and resided with her said husband all along except short stays outside at…………..within the jurisdiction of this court until the……….day of…………..when your petitioner's said husband wrongfully separated from and deserted her as hereinafter more particularly mentioned. 5. That the married life of your petitioner was most unhappy ever since and throughout the marriage as the said CB forced her to do all sorts of menial work in the house against her wish and desire and on failure or refusal thereof he insulted her, behaved roughly, habitually misconducted himself towards her and treated your petitioner with great harshness, negligence and cruelty, frequently abusing her in the coarsest and most insulting language and beating her at times violently with kicks and blows, sometimes with a cane, or with some other weapon. 6. That some particulars of harshness, neglect and cruelty are inter alia as follows: 7. Throughout their married life and without any exception the said CD by words and deeds made it quite clear that he had no heart nor any love and affection for her but married simply for enriching himself with the wealth of her parents. 8. That one evening in or about the month of the said CD tried to kick her out of the house in which your petitioner and the said CB were then residing at………..aforesaid, but was only prevented from so doing by the interference of FD, your petitioner's brother. 9. That subsequently on the following evening, the said CB in his said house at………………..aforesaid, struck your petitioner with a violent blow on her face. 10. That on one night in the month of May 2000 the said CB in ……….without provocation threw a knife at your petitioner thereby inflicting a severe wound on her right hand. 11. That in the afternoon of the ……….. day of……….. the cruel behaviour and mental torture of the respondent reached such a climax that your petitioner had no other alternative but to withdraw herself from and leave the house, and by reason of the continued cruelty practised on her she had to come also to the house of her father at………………and since then your petitioner has lived separate and apart from her husband and has never returned to his house or had cohabitation with him. 12. That your petitioner never condoned any of the acts of cruelty of the respondent and in any event even if there was any condonation (which is denied) each subsequent matrimonial offence or misconduct would revive all acts of cruelty. 13. That there is no collusion or connivance between your petitioner and her husband with respect to the subject of the present suit. 14. (State previous proceedings if any). 15. Your petitioner, therefore, prays that this (Hon'ble) Court might be pleased to pass a decree of judicial separation between your petitioner and the said CB and also order that the said CB do pay the costs of and incidental to the proceedings. Signed                                                                                              AB Verification I, AB, wife of CB aged about…………….years by occupation service residing at……….do hereby solemnly affirm and say as follows: I am the petitioner above-named and I know and I have made myself acquainted with the facts and circumstances of this case. The statements in paragraphs 1 to 10 are true to my knowledge and belief. I sign this verification on this………day of……….at the Court House at………………. Signature of AB Before me                                                                                  Signature of Advocate Notary Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • Maintenance Charge Deed

    Maintenance Charge Deed THIS DEED OF CHARGE is made at Mumbai this……..day of……………..2010 between Mr. Y of…………., hereinafter referred to as the first party and Smt. AB residing at………… hereinafter referred to as the second party. WHEREAS the first party is the husband of the second party and that both of them are living separate. And whereas the first party as husband is liable to pay and has agreed to pay the second party by way of maintenance a sum of Rs. 1500 per month in advance on or before the 5th day of each month hereafter. AND WHEREAS the parties have agreed that such payment of monthly maintenance would be a charge on the immovable property being a two-storeyed building at……. Mumbai belonging to the first party. NOW THIS DEED WITNESSTH and it is agreed by and between the parties as follows: 1. The first party would pay to the second party month by month and every month the sum of Rs……..1500 by the 5th of each month in advance for the upkeep and maintenance of the second party. 2. That such payment of the maintenance shall be a charge on the said property of the first party being premises No…………of……..and the first party hereby charges the said land and premises being No……of…….with the payment of the said sum of Rs. 1500 per month by way of maintenance to the second party. 3. It is further agreed that in the event the first party fails to pay any two monthly instalments of the said maintenance to the second party then in that event the second party will be entitled to enforce the charge hereby created on the premises by bringing the said land and premises to sale through any competent Court of Law and to realise and receive the amount due out of the net sale proceeds thereof. 4. Such charge is created without prejudice to other rights and remedies of the second party to realise and enforce payment of the said maintenance allowance in accordance with law. IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above-written. Signed and delivered by Mr. Y the within-named first party in the presence of: Signature Accepted by and signed by the within-mentioned second party Mrs. AB in the presence of: Signature Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • PETITION FOR DIVORCE UNDER SPECIAL MARRIAGE ACT

    PETITION FOR DIVORCE UNDER SPECIAL MARRIAGE ACT IN THE DISTRICT COURT AT.................... ........................................................................ Applicant versus  ..................................................................... Respondent Application under Section 29 of the Special Marriage Act, 1954 (No. 43 of 1954) praying that a petition for divorce may be allowed to be presented within one year of the date of entering the certificate of marriage in the Marriage Certificate Book. The Applicant prayed as under: — 1. The applicant is the husband/wife of the respondent. The marriage between the parties was solemnized under Chapter II/III of the Act by the Marriage Officer of.................... at.................... on.................... and a certificate of marriage was entered in the Marriage Certificate Book on.................... a certified copy of the certificate of marriage is attached with this application. 2. The status and place of residence of the parties to the marriage before the marriage and at time of filing the application were as follows: Husband Wife Status Status Age Age Place of Residence Place of Residence  (i) Before marriage (ii) At the time of filing the petition 3. (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages). 4. There is a case of (exceptional hardship to the petitioner/ exceptional depravity on the part of the respondent).................... as.................... (state here in accordance with the Rules and as distinctly as the nature of the case permits all the particulars about the exceptional hardship or depravity, as the case may be). 5. There has not been any previous proceedings with regard to the marriage by or on behalf of any party. OR There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: — Serial No. Name of Parties Name of Proceedings with section of the Act Number and date and year of the case Name and location of the court Result (i) (ii) (iii) (iv) 6. The marriage was solemnized at....................... the parties reside at ......... The parties last resided together at....................... OR (Whether the application is by a wife domiciled in the territories of India except the State of Jammu and Kashmir). The applicant is resident. within the territories of India excluding the State of Jammu and Kashmir and has been ordinarily resident, therein for a period of three years immediately preceding the presentation of this application and the respondent is not resident in the said territories). 7. The applicant, therefore, submits that this Hon’ble Court has jurisdiction to entertain this petition. 8. The applicant therefore prays that he/she may be allowed to present a petition for divorce within one year of the date of entering the certificate of marriage in the Marriage Certificate Book. Applicant VERIFICATION The abovenamed applicant states on solemn affirmation that Paras................ to.................... of the application are true to the applicant’s knowledge and paras .................... to.................... are true to the applicant’s information received and believed to be true by him/her. Verified on this................. day of.................... 19.................... at.................... Place.................... Applicant Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • APPLICATION FOR ALIMONY PENDENTE LITE

    APPLICATION FOR ALIMONY PENDENTE LITE IN THE DISTRICT COURT AT.................... .................................................................... Application versus  ..................................................................... Respondent Application for alimony pendente lite under Section 36 of the Special Marriage Act. 1954 (No. 43 of 1954). The applicant prays as under: — 1. A proceeding under Chapter V/VI of the Act is pending in this Court between the parties. (Give the number and title of the case, date of hearing etc. ). 2. The applicant owns no other movable or immovable property, and has no other income except (Give full particulars of the applicant’s property and income etc.). 3. The applicant has no Independent income sufficient for her support and for the necessary expenses of the proceedings. 4. The respondent has sources of income and owns property mentioned below: (Give full particulars about respondent’s income and property etc. ). 5. The only person dependent upon the respondent is the applicant herself or the applicant.................... 6. The respondent has not made provision for the applicant’s maintenance. 7. The applicant submits that having regard to the respondent’s own income and his property and having regard to the fact that the applicant has no independent income sufficient for her support and the necessary expenses of the proceedings, a sum of Rs..................... per week/month as and by way of her support is the just and proper amount.  8. The respondent may be ordered to pay a sum of Rs..................... as the applicant’s expenses of the proceeding and a sum of Rs.......................... weekly/monthly for applicant’s support during the proceedings. Applicant  VERIFICATION The abovenamed applicant states on solemn affirmation that Paras................. to.................... of the application are true to the applicant’s knowledge and paras .................... to.................... are true to the applicant’s information received and believed to be true by her. Verified on this................. day of.................... 19.................... at.................... Place.................... Petitioner Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

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