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  • Deed of Separation between Husband and Wife with a Trustee, Wife to have custody of child

    Deed of Separation between Husband and Wife with a Trustee, Wife to have custody of child THE DEED made the ......... day of ....2010. BETWEEN A.B. of etc. (“the Husband”) [and] of the one [or first] part C B. of etc. his wife (“the Wife’) of the other [or second] part [and G.H. of etc. (“The Trustee”) of the third part]. WHEREAS: Unhappy differences have arisen between the Husband and Wife and they have mutually agreed to live separately and apart from each other. The Husband has agreed to pay to the Wife a monthly sum of Rs.... during her life for the maintenance and support of herself and the maintenance support and education of D.B. the son [daughter] of the Husband and the Wife. NOW THIS DEED made in pursuance of the said agreement and in consid eration of the premises WITNESSES as follows: The Husband hereby covenants with the Wife [and also a separate covenant with the Trustee] as follows: That the Wife may at all times hereinafter live separate and apart from the Husband as if she were sole and unmarried and that she shall be free from the control and authority of the Husband and may reside at such place or places as she thinks fit. That the Hushand shall not in any manner molest, disturb or in any way interfere with the Wife in her person or business or in her manner of living nor at any time hereafter require the Wife to cohabit with him not take proceedings to compel her so to do or to enforce restitution of conjugal rights so that the Wife may at all times live as if she were sole and unmarried. That the Wife shall at all times hereafter have the sole custody upbringing and guardianship of the said D.B. during the minority [and spinsterhood] of the said D.B. free from the control or authority of the Husband except as hereinafter mentioned. That the Husband [shall on the execution of this deed pay or cause to be paid to the Wife [or Trustee] the sum of Rs ......... for necessaries already supplied to the Wife and] shall during the life of the Wife [ or during the joint lives of the Husband and the Wife] [so long as she continues to lead chaste life] pay or cause to be paid to the Wife or to such person or persons as she from time to time in writing directs or appoints the [monthly] sum of Rs ......... the first payment thereof to be made on the execution of this deed and a subsequent payment to be made on the first day of every month thereafter [Provided that the said sum shall cease to be payable if the marriage between the Husband and the Wife is dissolved by a court of competent jurisdiction as from the date of the final or absolute decree]. That the Husband shall at the expiration of each period during whichhe is entitled to his [her] society as hereinafter mentioned duly restorethe said D.B. of the Wife or as she directs. The wife [and the Trustee hereby jointly and severally] COVENANT[S] withthe Husband as follows namely:- That she [or they] shall at all times hereafter keep the Husband indemnified from and against all torts, contracts, debts and liabilities which the Wife hereafter commits, makes, contracts or incurs and from all actions, claims and demands on account thereof and from and against all costs, charges, damages and expenses which shall or may be recovered, sustained, expended or become payable in respect thereof. That in case the Husband at any time hereafter is called upon to pay and actually pays any debt or liability which the Wife at any time hereafter contracts or incurs then and in every such case he may deduct and reimburse to himself out of the said sum the amount of every payment made to him together with the amount of all costs, charges, damages and expenses incurred by him in connection therewith. That neither the Wife not the said D.B. nor any person on behalf of them or either of them shall at any time hereafter annoy, molest or disturb the Husband. That the Wife shall not at any time hereafter require the Husband to cohabit with her. That the Wife shall out of the sums hereby covenanted to be paid or otherwise at all times support and maintain herself and shall so long as she has the sole custody, upbringing and guardianship of the said D.B., suppor t, maintain, bring up and educate the said D.B. in a manner suitable to his [her] position in life. That the Husband may correspond with and may see and have the society of the said D.B. as hereinafter provided. THE HUSBAND SHALL BE ENTITLED to correspond with the said D.B. as often as he thinks fit and to see and to enjoy the sole society of the said D.B. at ......... every [Saturday] between the hours of [3 p.m.] and [6 p.m.] It is hereby agreed that in case the Husband and Wife at any time hereafter with their mutual consent cohabit as man and wife then and in such case the said [monthly] sum shall no longer be payable and all the covenants and agreements hereinbefore contained shall become void. IN WITNESS, etc. [ Signatures of both the parties ] Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)

  • PETITION FOR RESTITUTION OF CONJUGAL RIGHTS

    PETITION FOR RESTITUTION OF CONJUGAL RIGHTS IN THE DISTRICT COURT AT.................... ........................................................................ Petitioner versus  ..................................................................... Respondent Petition for the restitution of conjugal rights under Section 22 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 Il/Chapter III of 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  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, without reasonable excuse, withdrawn from the society of the petitioner with effect from.................... (The circumstances under which the respondent withdrew from the society of the petitioner be stated). 5. There has not been any unnecessary or improper delay in filing this petition. 6. The petition is not presented in collusion with the respondent. 7. There is no other legal ground why the relief should not be granted. 8. There has not been any previous proceedings with regard to the marriage by or on behalf of the parties. 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) 9. 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). 10. The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition. 11. The petitioner, therefore, prays for a decree for restitution of conjugal rights 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/her. Verified on this................. day of.................... 19.................... at.................... Place.................... Petitioner Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • PETITION FOR RESTITUTION OF CONJUGAL RIGHTS

    PETITION FOR RESTITUTION OF CONJUGAL RIGHTS Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)  In the Court of District Judge,  ............................................... .. A.............................................................................. . Petitioner.  Versus  B .............................................................................. . Respondent  ( Petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955) The petitioner submits as under:   1. That marriage of the petitioner and the respondent was solemnized on .................. ..at ........................ .. according to Hindu rites and ceremonies. Marriage stands registered with the Registrar of Marriages. Certified copy of extract of from the concerned register is enclosed herewith.  2. That status and place of residence of the parties to the marriage before the marriage and at the time of filing of this petition is given as under: (Mention here in a table, status, residence of the parties with respective age) (a) As it was before the marriage;  (b) As it is at the time of filing of the petition  3. That from this marriage, ................ ..couple has not been blessed with any child so far. (mention sex, date of birth or age of the children, if any, of the marriage).  4. That petitioner and his wife were living together happily at our house. However, on ................. ..his wife has without any reasonable excuse, withdrawn from the society of the petitioner ..... ............... (narrate here the circumstances which have led to withdrawal of the respondent from the matrimonial home or‘ from the society of the petitioner) ........................................  5. The petition is not being presented in collusion with the respondent.  6. This petition is being presented without any unnecessary or improper delay on the part of the petitioner.  7. There is no other legal ground as to why the decree of restitution of conjugal rights be not granted in favour of the petitioner.  8. No litigation has taken place between the parties to the petition earlier ..... .. (state, if any, previous litigation with regard to the marriage came to be initiated by any party. Also give details of the petitions or the cases so instituted earlier).  9. This Hon’ble Court has jurisdiction to entertain and try this petition as the marriage was solemnized at ........................... the parties last resided together at ................... ..and even presently the respondent is residing within the jurisdiction of this Hon’ble Court.  10. The petitioner therefore prays for grant of decree for restitution of conjugal rights in his favour and against the respondent. (sd/ -Petitioner)  VERIFICATION CLAUSE  I A. state on solemn affirmation that whatever is contained in paragraphs No ........... ..to ......... .. of the petition is, true to my own knowledge and that whatever is contained in paragraphs No .......... ..to ....... . .is based on information received and believed to be true by me.  (sd / -Petitioner)...

  • PETITION FOR RESTITUTION OF CONJUGAL RIGHTS

    PETITION FOR RESTITUTION OF CONJUGAL RIGHTS  IN THE COURT OF THE _______ Matrimonial Case No. _______ of 20 _______ Shri ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ________________ Petitioner;  Versus Smt,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. ____________ Respondent.  Petition under Section 9 of the Hindu Marriage Act, 1955. The Petitioner, named above, states: 1. That the petitioner was married to the respondent on ____________ at ____________ within the jurisdiction of this Court. 2. That the petitioner and his wife lived last together at ____________________________________ 3. That on __________________ last the respondent went to her father’s house at ______________ . She gave word to return within 15 days, but she did not abide by her word and has not returned so far. 4. That the petitioner went to his father-in-law’s 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. 5. That lastly the petitioner went to the house of the respondent’s father at ___________________ on ___________________ and asked the respondent to return with him, but she refused to come. 6. 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. 7. 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 father’s 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. That the petitioner claims and prays: (a) That a decree for the restitution of conjugal rights be passed in favour of the petitioner against the respondent. (b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner. Dated. _______ Petitioner.  VERIFICATION I, the abovenamed petitioner, do hereby verify that the contents of  this petition in Paras ______________ are true to my personal  knowledge and those in Paras Nos______________ are believed by me to be true.  Signed and verified this _______ day of _______ 20 _______ at _______ in Civil Court compound.  Petitioner.  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • An application for maintenance under section 125 of the criminal procedure code 1973 for wife

    An application for maintenance u/s 125 of the criminal procedure code 1973 (FOR A WIFE) IN THE COURT OF THE JUDGE FAMILY COURT,…………….  AT……………….. Maintenance Application No. ./ 2010 Smt. W . ) Age 25years, occupation - Nil, )        Applicant Resident of  C/o Shri DAD, ) MUMBAI 400011. ) Versus Shri H ) Age 30 years, occupation - Service, )         Opponent Resident of 1050 Sadashiv Peth, ) MUMBAI 400 030. ) AN APPLICATION FOR MAINTENANCE U/S 125    OF THE Cr. P.C. 1973 The applicant above named submits this petition, praying to state as follows: 1. That the applicant is the wife of the opponent, their marriage having been solemnized at Mumbai, on according to the Hindu religion, vaidic ceremonies and ceremonies. 2. That the applicant prior to the marriage was known by her maiden name as Kumari Urmila, while there is no change resulted in the name of the opponent. 3. That after the marriage, the applicant and the opponent cohabited and resided together for about two and a half years, and during this period, the opponent begot no child. 4. That since the applicant did not beget a child, the opponent started to ill-treat this applicant, and on a number of occasions, she was driven out of the matrimonial house, and then, the applicant had no other go but to stay with her parents against her and their wishes. 5. That the applicant and her parents tried their best to convince the opponent and his parents that the fault of not begetting a child does not lie on the applicant, but the opponent did not listen to the same and also did not allow this applicant to cohabit with him. 6. That the applicant submits that she has already undergone the necessary medical tests, and from the reports given by the specialized experts and doctors, it is confirmed that there is no fault on the part of the applicant for not begetting a child. 7. That the applicant also submits that she tried to go to the applicant for cohabitation on more than three occasions, but the opponent did not allow her to do so, and on the contrary, he finally told the applicant that she should never think of living and cohabiting with him anytime in future. 8. That the opponent is in the habit of consuming alcohol, and under the influence of drink and his parents besting the applicant up mercilessly. 9. That the applicant is, thus, forced to stay with her parents who are very poor. 10. That the applicant is illiterate and she is unable to maintain herself. 11. That the opponent is a doctor working at the Sassoon General Hospitals, Mumbai, and is drawing a salary of Rs. 20,000/- per month, and even though he has sufficient means, the opponent has refused and neglected to maintain this applicant, and hence, this applicant. 12. That the applicant also submits and states that the opponent has contracted marriage to another woman, one Vaishali, who is also working in the said Hospital as a Staff Nurse. 13. That the applicant also served upon the opponent a notice, on , calling upon him to pay unto the applicant a maintenance allowance @ Rs. 1,200/- per month, but the opponent has not done so, and hence this application. 14. That the applicant is residing within the local limits of the jurisdiction of this court, and hence, this Hon'ble Court has jurisdiction to try and decide this application. 15. That this application being chargeable with a fixed rate of court fee, the same is paid herewith. 16. That the applicant, therefore, prays that - (A)This application be kindly allowed, and the opponent be ordered to pay unto this applicant maintenance allowance @ Rs. 1,200/- per month from the date of this application; (B)The costs of this application be awarded from the opponent; and (C) Any other orders in the interest of justice be kindly passed.Mumbai,                                                                                  Sd/- W Dated .  APPLICANT            Sd/- xXx  ADVOCATE FOR APPLICANT VERIFICATION I, Smt. W, the present applicant, do hereby state on solemn affirmation that the contents of this application in paras 1 to 16 are true and correct to the best of my knowledge and belief, so I have signed hereunder.                                                                                        Sd/- W                                                                                                                                        APPLICANT Subject to the permission of the Court, as the parties shall not be allowed as of right to be represented by legal practitioners, vide the Family Court Act 1984. Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)

  • Deed of Separation between husband and wife, the wife being provided for maintenance

    Deed of Separation between husband and wife, the wife being provided for maintenance THIS DEED  is made the ......... day of ....2010 BETWEEN [husband] of [address, etc.] (hereinafter called the husband) of the one [first] part [wife] his wife of [address, etc.] (hereinafter called the wife) of the other [second] part and [trustee] of [address, etc.] (hereinafter called the trustee) of the third part]. WHEREAS: The spouses have agreed to live separate from each other and to enter into the arrangements herein appearing. [or The husband and the wife are living apart from each other and have agreed that whilst separate and until they make other provision for the matters herein mentioned or the terms hereof are superseded by any order of the court the following provisions shall take effect].  The husband and the wife have one child [ ......... children] (hereinafter [together] called the child [children]) and no more namely [eldest or only child] born on the ......... day of ......... [add names and dates of birth of other children if any]. As a term of such separation by a settlement of even date herewith made between [wife’s father] (hereinafter called the father) of the first part the wife of the second part and [trustees of settlement] of the third part the father made provision for the wife and the child [children] as therein mentioned. As another of such terms of separation the husband has this day paid to the wife the sum of Rs.... (receipt whereof she hereby acknowledges) [being such amount as the husband received from the father on the marriage of the husband and the wife]. NOW THIS DEED WITNESSETH  that in pursuant of the said agreement and for the consideration herein appearing the husband so far as the stipulation and provisions herein contained ought to be performed or observed by him hereby covenants with the wife [and also separately with the trustee] and the wife so far as the same ought to be performed or observed by her hereby covenants with the husband [and also separately with the trustee and the trustee so far as the same ought to be performed or observed by the wife or the trustee hereby covenants with the husband] as follows:-1. The husband and the wife shall each live separate and apart from and free from the marital control (if any) of the other and neither of them shall molest, annoy, disturb or interfere with the other or his or her relations, friends or acquaintances or in his or her profession or business. [Or The husband [wife] does not consent to the wife [husband] living apart and nothing herein contained is to prejudice such rights (if any) as he [she] may have in relation to his [her] claim that he [she] has been deserted by her [him]. [Or Niether party admits to blame for the fact of separation and nothing herein contained is to prejudice such rights (if any) that either of them may have if one of them has deserted the other.] Out of the provisions made for and the child [children] as aforesaid the wife will at all times hereafter support and maintain herself and support maintain and educate the child [children] in a manner suited to his [their] station in life and make all such payments for that purpose as may be necessary. The husband gives or assigns to the wife such interest as he may have in all personal effects now in her possession or under her sole and absolute control. If the wife dies intestate in the lifetime of the husband he will hold any property to which he may be entitled in trust for the persons who would have been entitled thereto under the said Act if the husband had died in the lifetime of the wife. The wife shall be entitled to the sole custody and control of the child [children] during his minority [their respective minorities] and the husband shall in no way interfere in his [their] management or education. The husband may have access to the child [children] on...days of each year to be selected by the husband (except that [two] only of such days may be consecutive and that Christmas Day may not be one of them) and so that all such access shall be in the presence of a person to be mutually agreed upon by the husband and the wife [and in case of disagreement in the presence of some one nominated by the trustee] and so that the child [children shall be restored to the wife or to the person so agreed upon (as the case may be) in the evening of each day on which such access is had. The trustee if he in his absolute discretion shall think fit may from time to time permit the husband to have such access on other occasions not exceeding in all three weeks in any one year and with such restrictions as the trustee shall think fit and so that such access shall not be had for more than one week consecutively. The wife will at all future times keep the husband indemnified against all debts or liabilities which the wife may hereafter contract and all actions, claims and demands in respect thereof and all costs and expenses which the husband may incur in relation thereto. If the spouse shall at any future time begin and thereafter continue to live together as man and wife for a period of.... months [or again live together as man and wife] or if their marriage shall be dissolved or annulled or they shall be judicially separated then and in such case all covenants and provisions herein contained shall become void but without prejudice to any act previously done hereunder or any proceedings on the part of any parties hereto in respect of any breach therefore committed of all or any of the said covenants and provisions and without prejudice to the said settlement which shall continue in force. The power of appointing a new trustee of this deed in the place of theoriginal trustee hereof or of any trustee appointed in his place shall be vestedin the wife. IN WITNESS etc. [Signatures and seals of all parties] Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

  • SERVICE LAW

    SERVICE LAW SUIT FOR RECOVERY OF PROMPT  DOWER IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus  C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. That the plaintiff was married with the defendant on.................... 19 .................... according to Muslim Law and rites applicable to Sunhis in India, and dower debt of Rs..................... was settled, out of which Rs.................... was settled to be prompt dower. Both the parties are Sunni Mohammedans. 2. That the defendant has not paid the prompt dower aforesaid, and has been evading the payment on one make-belief or the other. 3. The cause of action arose on.................... when the defendant refused to pay any prompt dower, and this Court has jurisdiction to try the suit. 4. The suit is valued at.................... rupees the amount of prompt dower, settled at the time of marriage/or it is expedient that the Court may be pleased to adjudge Rs..................... as prompt dower or any other amount which the Court may deem fit. Court fee is paid according to the relief claimed. RELIEF CLAIMED: The plaintiff claims payment of Rs..................... or any other amount as the Court may deem fit, as the prompt dower from the defendant. 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 of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff  PLURALITY OF MARRIAGES The right is not unconditionally conferred on husband. His capacity to do justice between co-wives is a condition precedent.1 1. Lily Thomas v. Union of India, AIR 2000 SC 1650. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

  • Petition for Reversal of Decree of Separation

    Petition for Reversal of Decree of Separation (See section 26) No. of suit and cause title In the High Court of……… To the Hon'ble Mr. Justice .............. (or To the Judge of) The petition of AB of……… Sheweth: 1. That your petitioner was on the………day of……lawfully married to……….and such marriage is still subsisting. 2. That on the ……….. day of…….this (Hon'ble) Court on the petition of……………..pronounced a purported decree affecting the petitioner to the effect following, to wit,- (Here set out the decree) 3. That such decree was obtained in the absence of and by practice of fraud on your petitioner, who was then residing at..............and thus kept completely ignorant of the same. (State facts tending to show how the petitioner came to know of the proceedings; and, further, that had he known. He might have offered a sufficient defence). Or 4. That there were nor are any reasonable grounds for your petitioner leaving his said wife, for that his said wife (here state any legal grounds justifying the petitioner's separation from his wife). Your petitioner, therefore, prays that this (Hon'ble) Court might be pleased to reverse the said decree. Signed                                                                                  AB Verification I, AB, son of……..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 3 of the petition 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 Commissioner Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • PETITION FOR DISSOLUTION OF MARRIAGE

    PETITION FOR DISSOLUTION OF MARRIAGE IN THE DISTRICT COURT AT.................... ........................................................................ Petitioner versus  ..................................................................... Respondent Petition for dissolution of marriage by a decree for divorce under Section 13 of the Hindu Marriage Act, 1955 (No. 25 of 1955). The petitioner prays as follows: — 1. A marriage was solemnized between the parties on.................... at .................... A certified extract from the Hindu Marriage Register/an affidavit, duly attested, is filed herewith. 2. The status and place of residence of the parties to the marriage before the marriage   (i) Before marriage (ii) At the time of filing the petition [Whether a party is a Hindu by religion or not is a part of his or her status]. 3. [In this paragraph particulars and place(s) of co-habitation as husband and wife and the children from the marriage, if any, may be given. The date and place of birth and name and sex of each child and the fact whether alive or dead should also be stated]. 4. The respondent.................... [One or more of the grounds specified in Section 13 may be pleaded here. The facts on which the claim to relief is founded should be stated as distinctly as the nature of the case permits. If adultery is pleaded the petitioner should give particular as nearly as he can, of the acts of adultery alleged to have been committed. The matrimonial offences charged should be set in separate paragraphs with the times and places of their alleged commission. If the ground specified in clause (viii) of Section 13(1) is pleaded the petition should be accompanied by an affidavit of the petitioner to the effect that he or she has not resumed co-habitation for a period of one year or upwards of the passing of the decree for judicial separation). 5. [Where the ground of petition is the ground specified in clause (i) of subsection (1) of Section 13 the petitioner has not in any manner been accessory to or connived at or condoned the act(s) complained of]. 6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelly. 7. Any other ground mentioned in Section 13. 8. The petition is not presented in collusion with the respondent. 9. There has not been any unnecessary or improper delay in filing this petition. 10. There is no other legal ground why relief should not be granted 11. 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) 12. The marriage was solemnized/the husband and the wife reside/ the husband and wife last resided together at.................... within the limits of the ordinary original civil jurisdiction of this Court. 13. The petitioner, therefore, prays that the marriage between the petitioner and the respondent may be dissolved by a decree of divorce. Petitioner VERIFICATION The abovenamed petitioner states on solemn affirmation that Paras.................. to.................... of the petition are true to the best of the petitioner’s information and belief. Verified on this................. day of.................... 19.................... at.................... Place.................... Petitioner Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • Form of Petition for Restitution of Conjugal Rights under s. 9 of the Hindu Marriage Act 1955

    Form of Petition for Restitution of Conjugal Rights under s. 9 of the Hindu Marriage Act 1955                             AB………. Petitioner (full name and address) versus WB……… Respondent (full name and address) The humble petition of Sri    AB Of……….. 1. That a marriage was solemnised between the parties on……………at………… (An extract from the Hindu Marriage Register is filed herewith. An affidavit, duly attested as the case may be). 2. That the status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were and are as follows:                                                                                                                         Husband                              Wife                                                Status / Place of residence     Status / Place of residence (1) Before marriage -------------------------------------------------------------------------------------------------- (2) After marriage (Whether a party is a Hindu by religion or not is a part of his or her status) 3. In this paragraph particulars and places of cohabitation of the parties as husband and wife and the children from the marriage, if any, should be given. The date and place of birth and name and sex of each child and the fact whether he/she/they/is/are alive/dead should also be stated. 4. That on day of………..the respondent, without reasonable excuse and with a view to break the matrimonial home withdrew from the society of the petitioner(cause of the estrangement as known to the petitioner may be stated). 5. That this petition is not presented in collusion with the respondent. 6. There has not been any unnecessary or improper delay in filing this petition. 7. There is no legal ground why relief should not be granted. 8. There has not been any previous proceeding 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 but the bar of res judicata does not apply. 9. The marriage was solemnised at……..on……….The husband and wife live at…..The husband and wife last resided together within the local limits of the ordinary original civil jurisdiction of this court 10. The petitioner prays for a decree for restitution of conjugal rights against the respondent.                                                                                                                    Sd/- Petitioner Verification       I, AB son of……..aged about………years 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…………………… Before me Notary Signature of AB  Signature of Advocate Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • APPLICATION UNDER ORDER 6 RULE 17 READ WITH SECTION 151 CPC

    APPLICATION UNDER ORDER 6 RULE 17 READ WITH SECTION 151 CPC IN THE COURT..................................... H. M. A. PETITION NO.................... 7200 In the Matter of AB........................................ V............................. CD APPLICATION UNDER ORDER VI RULE 17 READ WITH SECTION 151 CPC Most Respectfully Showeth: - 1. That the above noted case is pending before this Hon’ble Court and now the same is fixed for.................... 2. That during the course of the proceeding the petitioner as well as respondent have agreed for dissolution of their marriage by way of decree of divorce by mutual consent. 3. That in the said circumstances it has become necessary to amend and convert the present petition into a petition for divorce for mutual consent of both the parties in the interest of justice. 4. That the said amendment shall not change the nature of the relief sought in the present petition. 5. That in view of the above mentioned submissions, the above named parties may kindly be allowed to amend and convert the petition filed by the petitioner under Section 13(l)(ia) etc of the Hindu Marriage Act into a petition under section 13-B(1) of the Hindu Marriage Act. 6. That amended petition have been signed by both the parties and accompanying with this application. It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to allow the amendment by way of converting the present petition for divorce into the petition for mutual divorce under setion 13-B(1) of H. M. Act as amended upto date with the consent of the parties above named. Petitioner  Through Counsel  Dated:.................... Place:.................... AFFIDAVIT IN SUPPORT OF THE APPLICATION IN THE COURT OF...................................... IN RE: AB................................ V................................. CD AFFIDAVIT I,................................................... wife of.......................................... resident of.......................................................................... New Delhi, do hereby solemnly affirm and declare as under: 1. That I am petitioner in the above said case and am well conversant with the facts and circumstances of the case. 2. That the contents of accompanying application under order VI Rule 17 read with section 151 CPC, have 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 at.................... on this.................... day of.................... that the contents of my above affidavit are true and correct to my knowledge. Deponent Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • Deed of separation between Husband and Wife where there has been a Marriage Settlement

    Deed of separation between Husband and Wife where there has been a Marriage Settlement THIS SEPARATION DEED is made, etc., BETWEEN A B, of, etc. (hereinafter called the Husband), of the one part, and C B, the wife of the said A B, (hereinafter called the Wife), of the other part: WHEREAS: Unhappy differences have arisen between the Husband and Wife, and they have agreed to live separate from each in future, and to enter into such arrangement as is hereinafter contained: By a Settlement dated, etc., and made, etc. (being a Settlement made in consideration of the marriage of the Husband and Wife), where E F and G H are the present trustees, certain investments and other property (therein and hereinafter called the Husband’s Trust Fund and the Wife’s Trust Fund respec tively) were settled or on behalf of the Husband and Wife respectively upon trust under which the income of the Husband’s Trust Fund is payable to the Husband during his life and the income of the Wife’s Trust fund is payable to the Wife during life, and the income of the Wife’s Trust Fund is payable to the Wife during her life, and the income of both the Trust funds is payable after the death of either of them to the survivor of them during his or her life: There has been no issue of the said marriage: Now, in pursuance of the said arrangement and in consideration of the premises, This Deed Witnesseth and it is hereby agreed as follows:- The parties hereto will henceforth live separate from each other, and neither of them will take proceedings against the other for restitution of conjugal rights, or molest or annoy or interfere with the other in any manner whatsoever. The yearly sum of Rs ......... par t of income of the Husband’s Trust Fund, shall (in addition to the income of the Wife’s Trust Fund, payable to her as aforesaid) be paid to the Wife during the joint lives of the Husband and Wife, if they shall so long live separate from each other [and she shall continue to lead a chaste life], by equal half-yearly payments on the ......... day of ......... and the ......... day of ......... in every year, the first payment to be made on the ......... day of ......... next: The Husband, As Settlor, hereby assigns to the Wife the said yearly sum and directs the trustees for the time being of the said Settlement to pay the sum to her accordingly. The Wife shall pay her own debts and keep the Husband indemnified therefrom, and if the Wife shall make default in observing this covenant, all money which shall be paid by the Husband in respect of any debt or liability of the Wife may be retained by him out of the yearly sum payable to the Wife as aforesaid. (1) The petition presented to the High Court at [ .........] by the ......... shall be withdrawn, and all costs incurred in relation thereto shall be paid by the Husband: (2) No new or other proceedings shall be taken by either party in the said court on account of any alleged misconduct of either party before the date hereof. IN WITNESS, etc. [Signature of both the parties] Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

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