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  • AGREEMENT FOR EMPLOYMENT

    AGREEMENT FOR EMPLOYMENT Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.40/)  An AGREEMENT made on this ---------- day of -------  BETWEEN  ---------------represented by its Managing Director ---------------  (hereinafter called the ‘Employer” of the One Part and ---------------- (hereinafter called the “Employee” of the Other Part.  1. The Employer is engaged in the business of training and maintains business premises at ------ --------.  2. The employer wants to appoint a suitable person to work as ------------ for his business concern;  3. The Employee, the party of the Other Part, has agreed to serve as ---------------- for the business concern on the terms and conditions hereinafter set forth. NOW this agreement witnesseth and the parties hereto and hereby agree as follows:  1. AGREEMENT TO EMPLOY AND BE EMPLOYED The Employer hereby employs the Employee as------------- at -------------------- and the Employee hereby accepts and agrees to such employment.  2. DESCRIPTION OF EMPLOYEE’S DUTIES Subject to the supervision and pursuant to the orders, advice, and direction of the Employer, the Employee shall perform such duties as are customarily performed by one holding such position in business concern. The Employee shall additionally render such other and unrelated services and duties as may be assigned to him from time to time by employer  3. MANNER OF PERFORMANCE OF EMPLOYEE’S DUTIES The Employee shall at all times faithfully, industriously, and to the best of his/her ability, experience, and talent, perform all duties that may be required of and from him/her pursuant to the express and implicit terms hereof, to the reasonable satisfaction of employer. Such duties shall be rendered at the abovementioned premises and at such other place or places as employer shall in good faith require or as the interests, needs, business, and opportunities of employer shall require or make advisable.  4. DURATION OF EMPLOYMENT 193 The term of employment shall commence on ------------------ and continue till such date the Employee works in the business concern subject, however, to prior termination as provided in Clause 9 hereof or by resignation by the Employee. In case of resignation, the Employee shall give one month prior notice to the Employer and on failure to do so, shall forego his salary for the notice period.  5. REMUNERATION The Employer shall pay a salary of ------------- to the Employee for the services rendered to the business concern. The details of the salary are mentioned in Annexure A of the document. In addition to the foregoing, the employer shall also reimburse the expenses incurred by the Employee while travelling for and on behalf of the Employer pursuant to the employer’s direction.  6. EMPLOYEE’S LOYALTY TO EMPLOYER’S INTEREST The Employee shall devote all his time, attention, knowledge, and skill solely and exclusively to the business and interests of the Employer, and the Employer shall be entitled to all benefits, emoluments, profits, or other issues arising from or incident to any and all work, services, and advice of the Employee. The Employee expressly agrees that during the term hereof he will not be interested, directly or indirectly, in any form, or manner, as partner, officer, director, stockholder, advisor, employee, or in any other form or capacity, in any other business similar to the employer's business or any allied trade, except that nothing herein contained shall be deemed to prevent or limit the right of employee to invest any of his surplus funds in the capital stock or other securities of any corporation whose stock or securities are publicly owned or are regularly traded on any public exchange.  7. NON-DISCLOSURE OF BUSINESS INFORMATION The Employee will not at any time, in any form or manner, either directly or indirectly divulge, disclose, or communicate to any person, firm, or corporation in any manner whatsoever any information of any kind, nature, or description concerning any matters affecting or relating to the business of employer, including, without limitation, the names of any its customers, the prices it obtains or has obtained, or at which it sells or has sold its products, or any other information concerning the business of employer, its manner of operation, or its plans, processes, or other date of any kind, nature, or description without 194 regard to whether any or all of the foregoing matters would be deemed confidential, material, or important. The parties hereby stipulate that, as between them, the foregoing matters are important, material, and confidential, and gravely affect the effective and successful conduct of the business of employer, and its good will, and that any breach of the terms of this section is a material breach of this agreement  8. LEAVE The Employee will be entitled for one day leave for a completed month of service. Apart from this the employee will also be entitled to medical leave of 15 days in a year subject to submission of medical certificate in case the medical leave period exceeds three days.  9. TERMINATION OF SERVICE i. The Employer shall terminate the services of the Employee without any previous notice, if the employer is satisfied based on medical evidence that the employee is unfit and is likely for considerable period to continue to be unfit by reason of ill health for discharge of his/her duties. ii. The Employer shall terminate the services of the Employee without any previous notice, if the Employee is found guilty of any in-subordination, intemperance, moral turpitude or other misconduct or of any breach or non performance of any of the provisions of these conditions, or if otherwise found unsuitable for the efficient performance of his /her duties.  10. SETTLEMENT OF DISPUTE Any claim or controversy that arises out of or relates to this agreement, or the breach of it, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and relevant labour legislations.  11. WAIVER OR MODIFICATION EFECTIVE ONLY IN WRITING No waiver or modification of this agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties 195 arising out of or affecting this agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing, duly executed as aforesaid.  12. AGREEMENT GOVERNED BY LAW This agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of -----------, India.  13. BINDING EFFECT OF AGREEMENT This agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors, and assigns.  IN WITNESS WHEREOF On behalf of the party of the ONE PART and by the party of the OTHER PART have hereto and hereby set their hands the day, month and year above mentioned:  1. Signature of the Party of the ONE PART (Employer)  2. Signature of the Party of the OTHER PART (Employee) In the presence of  1. ------------- (Name, designation and address)  2. ------------- (Name, designation and address) 196 16b.  FORM FOR AGREEMENT BETWEEN THE EMPLOYER AND EMPLOYEES FOR REFERENCE OF DISPUTES TO ARBITRATION AGREEMENT BETWEEN Names of the Parties; Representing employers: Representing workmen/workman: It is hereby agreed between the parties to refer the following dispute to the arbitration of .............................. [here specify the name(s) and addressees) of the arbitrator(s)]:  Specific matters in dispute;  Details of the parties to the dispute including the name and address of the establishment or undertaking involved;  Name of the workman in case he himself is involved in the dispute or the name of the Union, if any, representing the workmen or workman in question;  (iv) Total number of workmen employed in the undertaking affected;  Estimated number of workmen affected or likely to be affected by the dispute. We further agree that the majority decisions of the arbitrator(s) be binding on us. In case the arbitrators are equally divided in their opinion, that they shall appoint another person as umpire whose award shall be binding on us. 197 The arbitrator(s) shall make his (their) award within a period of ............................ (here specify the period agreed upon by the parties) or within such further time as is extended by mutual agreement between us in writing. In case the award is not made within the period aforementioned, the reference to arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitration. Signature of the parties. Representing employer. Workman/Representing  WORKMAN / WORKMEN WITNESSES; (1) (2) Copy to: (i) The Assistant Labour Commissioner (Central), .................. (here enter office address of the Conciliation Officer in local area concerned). (ii) The Regional Labour Commissioner (Central)........................... (iii) The Chief Labour Commissioner (Central), New Delhi. (iv) The Secretary to the Government of India, Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), New Delhi

  • APPLICATION UNDER WORKMEN'S COMPENSATION ACT FOR COMPENSATION BY WORKMEN

    APPLICATION UNDER WORKMEN'S COMPENSATION ACT FOR COMPENSATION BY WORKMEN  To the Commissioner for Workmen's Compensation ............resident at.................................. …………………………………………………………………………………….………………….Applicant  versus …………………………………………………………………………………………………………Opponent party resident at...................................................................................................... It is hereby submitted that— 1. The applicant, being workman employed by (a contractor with) the opponent party on the ............ day of............ 200.................got accidental personal injury due to and in the duration of his employment. The reason of injury was (here give shortly in ordinary language the reason of injury)............... 2. The applicant suffered the following injuries, namely: 3. The monthly wages of the applicant being Rs…………………........ The applicant is over/under the age of 15 years. 4. (a) Notice of the accident was not served on the ..................... day of................  (b) Notice was served as soon as possible.  (c) Notice of accident was not served (in due time) on account of................ The applicant is hence bear right to receive— (a) half-monthly payment of Rs........... from the ............. day of......... to...............  (b) a lump sum payment of Rs. ..................  5. The applicant has followed steps as below for getting a decision by agreement, namely_________  but controverted question were not decided despite efforts because.......................................  You are hence requested to determine the following questions in controversy namely,,,,,,,,,,,,,,,,,,,,,,,,,,,,  (a) If applicant is a workman by the interpretation of Act;  (b) whether accident occurred during the applicant's employment;  (c) If the amount of compensation claimed falls due, or any portion of that amount;  (d) If opponent party is responsible to pay such indemnification as is due;  (e) etc. (as needed).  Dated……..  Applicant………  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)

  • PRESCRIBED APPLICATION BY AN EMPLOYEE UNDER SECTION 20(2) OF THE MINIMUM WAGES ACT 1948

    PRESCRIBED APPLICATION BY AN EMPLOYEE UNDER SECTION 20(2) OF THE MINIMUM WAGES ACT 1948  In the Court of Authority appointed under the Minimum Wages Act 1948 for............ Area. Application No............................ of 20........................ (1) .................................................... (2) .................................................... Applicant/s (3) .................................................... Through............an advocate............... Official of......... Union which being a registered Trade Union. Address...............................................   versus (1) ......................................................................................................... (2) ......................................................................................................... Opponents (3) .................................................... The applicant/s named-above beg/s respectfully to submit as below: 1. That.............................. 2. That .............................. The applicant's has/have been paid less wages than the minimum rate of wages.The applicant/s estimate/s the value of the relief sought by him/them at the sum of Rs........... The applicant/s pray/s that instruction may be issued under sub-sec. (3) of s. 28 for— (a) Paying difference in wages due according to the minimum rate of wages fixed by Government and wages actually paid, and (b) Indemnification amounting to Rs. ............... The applicant/s beg/s leave to alter or add to or make amendments in application, if any, and when compulsory. Date .................. Signature or thumb impression of the employee/s or legal practitioner or official of a registered trade union duly authorized.  Download Word Document In English. (Rs.20/-)

  • SICKNESS TEMPORARY DISABLEMENT BENEFIT CLAIM FOR BENEFIT

    SICKNESS /TEMPORARY DISABLEMENT BENEFIT CLAIM FOR BENEFIT  1......................................................  s/w/d of ........................................ Insurance No. ……………...................... hereby say that I was certified sick/temporarily disabled from .......... a.m./p.m. on the .......... day of….......Year…........ and I have not been at work since......... a.m./p.m. on the day of............20........  I no longer claim to be sick/temporarily disabled from ............ day of ............year......... and I shall/did not take up any work for remuneration prior that day.*  I claim advantage accordingly. I want cash payment at local office/by money order present/last employer .................. Department ............Occupation ............ shift (if any)............ present address .........  Signature or thumb impression  Local Office ...............  * Strike out if not applicable, and then, before resuming work, a final certificate must be got. Download Word Document In English. (Rs.15/-)

  • Applications under Section 33 of The Industrial Dispute Act 1947

    Applications under Section 33-C (2) of The Industrial Dispute Act 1947  BEFORE THE HON'BLE PRESIDING OFFICER LABOR COURT OF …………………………………. Application No:______ of 20….. ……………………………………………………………..…………………………………….Applicant/Workman  Versus ………………………………………………….…………………………………………………Respondent/Employer  Applications under Section 33-C (2) of The Industrial Dispute Act 1947 Respectfully Sheweth:  1. That the applicant/workman was engaged by the respondent as a ____________________ 2. That as per __________________________ agreement with the applicant the respondent has promised to pay him _________  3. That as per the agreement and the prevailing rates of daily wages agreed were Rs. ________. As such Rs. _____________ is still outstanding against the respondent. This fact is corroborated from the Annexure A-1  4. That the applicant worked with the respondent till __________________. Since then he has been making many visits to the respondent for balance payment but without any fruitful results. On ____________________, the applicant made representation/___________________. 5. That the respondent has not paid a balance earned wages to the applicant till date despite the fact that the ______________________.  6. That non-payment of legitimately earned salary/earned wages and balance thereof to the applicant is arbitrary, illegal, malafide, discriminatory and in utter violation of constitutional rights of the applicant. 7. That total amount of money due towards the respondent/employer upto the month of filing of this application before this Hon'ble Court workout to Rs. ________ _____excluding/including interest @ …% upto the month of filing of this application. Statement of account is annexed as Annexure A-________. 8. That due to such an arbitrary, illegal, unjust and malafide action, rather inaction on the part of the respondent the applicant/workman has suffered immeasurable mental agonies, financial hardship and physical harassment, which deserves to be compensated in terms of money. 9. That the respondents also deserves to be saddled with heavy and extra-ordinary costs for resorting to unfair labour practice.  10. That the applicant craves leave of this Hon'ble Court to engage counsel as it is not possible for the applicant to personally attend to the case and the applicant further craves leave of this Hon'ble Court to produce such other further evidence as may be required in due course. 11. That the applicant, therefore, most humbly prays that an appropriate order or direction be issued for the following reliefs :- (a) Direct the respondents to pay a balance wages the applicant amounting to Rs. ________/- till date of filing of this application with interest @ ……….% p.a. till the date of realisation;  (b) Direct the respondent to produce all the records relevant to the case;  (c) Burden the respondents with heavy costs and award compensation to the tune of Rs. ……………..- to the applicant for mental agonies, physical harassment and financial hardship;  (d) Allow the cost of this application;  (e) Pass such other orders, directions and grant such other relief in favour of the applicant as deemed fit and proper in the facts and circumstances of the case by this Hon'ble Court. AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY. ………………………….Applicant/Workman _________________ Through, Advocates  AUTH. REP OF WORKMAN  VERIFICATION: Verified that the contents of paras 1 to ________ are true and correct to the personal knowledge and belief of the applicant. Verified at Coimbatore on ______. Applicant Annexure A-__ Details of money due but not paid by the Employer 1. Total Amount due :Rs.  2. Amount paid :Rs.  3. Amount Balance :Rs.  4. Int @ 18% wef uptothe :Rs. month of filing of this application 5. Total bal due towards respdt :Rs.   FORM-F (See Rule 36) Before the Hon'ble Labour Court of ……………………… Reference No.:______ of 20…….. ……………………………………….…………………………………………………………Workmen  Versus ………………………………………….……………………………………………………….Employer In the matter of ___________.____ above______ I/We hereby authorize ______ to represent me/us in the above matter. Dated this ______ . Signature of persons nominating the representative Address: as per memo of parties. Accepted Signature of Representative Address: _______________  Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/-)

  • MARRIAGE DIVORCE REPLY ON

    MARRIAGE DIVORCE REPLY ON IN THE COURT OF ……………………….…………………………………………………Applicant                                            Versus ………………………………………………………………………….Respondents Reply on behalf of the replying respondent to the ________  Respectfully Sheweth:- Preliminary Objections:- 1. That the present application is not maintainable in its present form. ______  2. That the applicants have no locus stand to file and maintain the present application. The applicant was never married to the replying respondent and as such there is no question of any child being born of any such wedlock. ____________ Now the applicants have filed the present application on ill advise so as to wrongfully and unlawfully take gain and extort money from the replying respondent by coercion and pressure. The replying respondent has his own family to take care of from his meager income. ________ _______________ 3. That the present application is misconceived, false, frivolous and vexatious and bereft of merits thus deserves to be dismissed out rightly. Reply on Merit: 1. That the contents of this para of the application are wrong and hence denied. __ 2. That the contents of this para of the application are wrong and hence denied. __  3. That the contents of this para of the application are wrong and hence denied. __  4. That the contents of this para of the application are wrong and hence denied. __  5. That the contents of this para of the application are wrong and hence denied. __  6. That the contents of this para of the application are wrong and hence denied. __  7. That the contents of this para of the application are wrong and hence denied. __  8. That the contents of this para of the application are wrong and hence denied. __  It is, therefore, most respectfully prayed that the petition is false, frivolous and vexatious and therefore, deserves dismissal and may kindly be dismissed with costs in the interest of justice. It is also submitted that in the given facts and circumstances of the case no interim order can be granted in favour of the applicants.  AND FOR THIS ACT OF KINDNESS, THE HUMBLE REPLYING RESPONDENT AS IF DUTY BOUND SHALL EVER PRAY.  …………………………….  Replying Respondent  ……………………………..  Through, Advocate  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)

  • MARRIAGE INTERIM MAINTENANCE 125 (3)

    MARRIAGE INTERIM MAINTENANCE 125 (3)  IN THE COURT OF CHIEF JUDICIAL MAGISTRATE AT ……………… IN THE MATTER OF:- ……………………………………………………………………………..Petitioners.                                       Versus. …..………………………………………………………………………….Respondent.  Application under section 125 (3) of the code of Criminal Procedure with the prayer to grant interim maintenance during the pendency of the main petition Respectfully Sheweth:  1. That the petitioners have filed a petition under section 125 for grant of maintenance under Code of Criminal Procedure along with the present application which is pending before the learned court. 2. That the grounds mentioned in the main petition may kindly be read as part and parcel of the present application as the same has not been reproduced to avoid repetition of the same. 3. That as per the grounds setup in the main petition, there is prima facie case in favour of the petitioners and against the respondent. And in case, interim maintenance is not granted in favour of the petitioners, in that eventuality, they will suffer great hardship in meeting their day to day expenses as already submitted that they have now totally become dependent upon their father/maternal grand father. The petitioners have no independent source of income and the respondent has sufficient source of income to maintain him as well as the petitioners. It is pertinent to mention here that after the petitioners were forced to leave the house of the respondent, he has even not cared to have any amicable settlement and has not given any single pie to the petitioners for their maintenance, as such the respondent has breached the obligatory marital duties and obligations to maintain the petitioners. It is, therefore, most respectfully prayed that the application may kindly be allowed and respondent be directed to pay a sum of Rs_____/- each to the petitioners as interim maintenance from the date of filing of the application till its decision on merits.  The respondent be also directed to pay litigation expenses of the present petition to the petitioners. Applicant. Through. Counsel. (_____) Advocate.   IN THE COURT OF CHIEF JUDICIAL MAGISTRATE ……………………………………………………. IN THE MATTER OF:- ………………………………………………………………..….Petitioners.  Versus ……………………………………………………………………Respondent.  Affidavit in support of application under section 125(3) Cr.P.C. I, _____, do hereby solemnly affirm and state on oath as under:-  1. That the contents of my accompanying application under section 125 (3) Cr.P.C in para 1 to 3 are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed there from. The contents of the accompanying application has been read over and explained to me in vernacular.  2. That the contents of my above affidavit in para 1 are true and correct to the best of my personal knowledge and belief. No part of it is false and nothing material has been concealed there from. Verified here at …………………………….. on this _____ day of _____.  Deponent.  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Mutual Separation Agreement Between Husband and Wife

    Mutual Separation Agreement Between Husband and Wife Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-) THIS AGREEMENT made at………. on this ………. day of ………20___,  between  ______(Name), son of ___ (Name),  resident of ………..  (hereinafter called “the husband”) of the ONE PART  and  Smt. (Wife Name) 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 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 lifetime 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. See Also – Name Change after marriage complete process 3. The wife shall be entitled to the custody and guardianship of the children of the marriage, namely (Child name) and (Child Name) 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, jewellery 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 access to the children at every Sunday between 7.00 A.M. to 9.00 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 (Name of the husband). Signed and delivered by the within named wife Smt. (Name of the wife) WITNESSES:1.2.

  • DRAFTING IN MATRIMONIAL CASES

    IAL CASES Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/) Petition for Divorce (under section 13 Hindu Marriage Act 1955.) Petition for dissolution of marriage by a decree of divorce may be presented to the family court of the distt. by wife(or husband), whether such marriage was solemnized before or after the commencement of the Marriage Laws (amendment) Act, 1976, on the ground specified under section 13 of the Act, after expiry of one year or more, Essential ingredient of the petition: To get a decree of divorce, the following conditions must be satisfied. (i) marriage having been solemnised between the parties;  (ii) one year expired from the solemnization of marriage; (Note-- upon an application, the court may entertain a petition for divorce before the expiry of the period of one year, if the case is of exceptional hardship to the petitioner or of exceptional depravity on the part of respondent). (iii)   both the party to the petition are Hindu; and (iv) there is no collusion between the parties; (v) there is no petition pending in any court of India regarding this marriage, if pending give detail. Performa of the petition: Title of the petition-- In the court of    (name of the court) (name of the distt,city or where court is situated) for example-- In the court of family court, Dehradun H.M.Petition No.......... of 2011. Name and addresses of the parties to the petition, for  example-- Smt/shri................................W/o/ or D/o.or S/o........................................R/o.....................................                                              versus                                                Petitioner                                        Smt / Shri..................................W/o or D/o or S/o ..................................R/o .............................                                                                                                         Respondent  Petition under Section 13 of Hindu Marriage Act 1955 by a Hindu wife for dissolution of marriage by a decree of divorce.  Sir,      Petitioners above named state as follows:   1. Petitioners were married on.11th may 2007 according to Hindu rites and customs at the residence of Smt.......................... (Petitioner) at Rajpur Road Dehradun.  2. That both the party to the marriage belongs to Hindu religion and both were unmarried (or divorcee or other category/status) before this marriage.  3. That the petitioner is highly educated girl, (details of her education, job and income should be given here) while respondent is merely..... (details of his education, job and income should be given here).  4. Petitioners thereafter lived and cohabited as husband and wife at the residence of  husband at Dehradun.  5. That the parties have two issues from the said marriage named master Raju ( son ) aged 5 year, and km. Anita (daughter) aged 3 year.  6. That the petitioner and respondent last resided together in march 2013 at Dehradun.  7. That the behaviour of the respondent and his parents were very cruel towards petitioner. The husband has...........(details of cruelty by husband or his family member should be given here).                                                                              or                                  (Cruelty may be mental or physical detail must be given );                                                                              or                                  ( That the petitioner's consent to marriage obtained by fraud, detail of fraud's particulars must be given);                                                                              or                                  (Voluntary sexual intercourse with the other women, particulars must be given of the said woman and of the said incident. And it is necessary to made party in the suit the said alleged woman or man as the case may be);                                                                              or                                   ( has been incurable of unsound mind and not possible to live with him);                                                                              or                                   (has been suffering from a virulent and incurable form of leprosy);                                                                              or                                   ( has been suffering from syphilis in a communicable form, the disease having been contracted from some one other than the petitioner);                                                                              or                                   ( has renounced the world and became a sadhu);                                                                              or                                   ( has not been heard of as being alive for over seven years by those persons who would naturally have heard of it had he been alive );                                                                              or                                    ( has married Smt. (name of the woman) after his marriage with the petitioner and that wife is still alive);                                                                                or                                    (has after his marriage with the petitioner been guilty of rape or sodomy or bestiality).  8. That the petitioner never condoned the conduct of the respondent.  9. That there is no collusion between the petitioner and the respondent. ( this statement is necessary in the petition)  10. That there is no suit pending in any Court of India between the petitioner and respondent regarding this marriage( if any suit pending, true particular should be given in the petition).  11.That the cause of action arises on ................( the exact date of the cause of action as far as possible should be given, where, however, the exact date is not known, petitioner can mention the near about date when cause of action accrued).....  12. jurisdiction   13. valuation of suit  14. relief      verification:

  • MARRIAGE MAINTENANCE 125-1

    MARRIAGE MAINTENANCE 125-1  Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/-) IN THE COURT OF CHIEF JUDICIAL MAGISTRATE OF  ……………………… In the matter of:- ………………………………………………………………….Petitioners                                   Versus ……………….………………………………………………….Respondent   Petition under Sec 125 Cr. P. C. with the prayer to grant maintenance to the petitioners Respectfully Sheweth:  1. That the petitioner No. 1 got married with the respondent on ____________ at __________________ in accordance with the Hindu customs, rites and usages and out of the said wedlock petitioner Nos. 2 _______________ have taken birth. The petitioner Nos. 2 _______________ are the legitimate children of petitioner No. 1 and respondent. They being minors are filing the present complaint through the next friend and natural guardian i.e. petitioner No. 1. The petitioner No. 1 is house wife and petitioner No.2 ________________ are students and studying in ___________ class respectively. The petitioners have no independent source of income and now they have been left at the mercy of their __________________father/maternal grand father for meeting their day to day expenses.  2. That the respondent is a ________________ dead drunkard and not treating the petitioners properly and also not maintaining them though he is having sufficient source of income. The conduct of the respondent is so cruel that he usually gave beating to the petitioners without any cause mercilessly and when he comes to the house at night intoxicated he creates nuisance and even does not allow the petitioners to sleep and study.  3. The respondent is also in habit of ___________________playing gambling and after losing in gambling he has even sold his ________________car and misutilised the amount received from the said sale in gambling and in adultery.  4. The respondent has given such severe beatings to the petitioner No. 1 that he has broken her ___________________teeth and right hand's ring finger. The respondent has also committed several another acts of cruelty towards the petitioners that the life of the petitioners have become hell. The respondent has ________________torn the wearing garments of the petitioner No. 1 in the presence of her children and made her naked before them which has caused immense mental torture and humiliation to them in the month of ________ at _____________ (Place). 5. That though the respondent as well the petitioner No. 1 had _____________ or resort to gambling and also not to associate with any other woman, but the respondent has broken the pledge and resorted to all the bad habits after six months and there-after started living again the life of un-responsible man. The respondent has not allowed the petitioners to __ go to the temple for worship and kept us at house asked us to worship him rather than Lord Krishina. 6. That the respondent is also living in adultery with one lady namely _____________. The respondent has even allowed her to live in our ______________rented house at __________________ to inflict mental torture upon the petitioners. 7. That the relations between the parties have now broken to such an extent that there is now no possibility of having any compromise between them. 8. That the petitioners were forced to leave the house of the respondent on ______ due to the aforesaid facts and reasons, as their life was in danger at the hands of the respondent and as the respondent has given open threats to the petitioners that he will do away with their lives at any time, so that he may re-marry with other lady he likes. 9. That since the petitioner has been forced to take shelter in the house of their __________________ father as well as maternal grandfather respectively here at ________________________ and as thereafter they are continuously residing here at …………………….…… hence the learned court has jurisdiction to entertain and decide the present complaint/petition. 10. That requisite court fee is being affixed on the complaint/petition.  11. It is, therefore, most respectfully prayed that the petition may kindly be allowed and the respondent may kindly be ordered to pay maintenance to the petitioners at the rate of Rs. _____/- each per month as provided under the code of Criminal Procedure in the interest of justice equity and fair play. The cost of the petition may kindly be also awarded in favour of the petitioners. Any such other relief as deem fit in the facts and circumstance of the case may kindly be granted in favour of the petitioner and against the respondent. ……….……………………….Petitioners  ________________ Through, Advocate  IN THE COURT OF CHIEF JUDICIAL MAGISTRATE OF ……………………………… IN THE MATTER OF: ………………………………………………………………..Petitioners                        Versus …………………………………………………………………..Respondent   Application under section 125 (3) of the code of Criminal Procedure with the prayer to grant interim maintenance during the pendency of the main petition Respectfully Sheweth:  1. That the petitioners have filed a petition under section 125 for grant of maintenance under Code of Criminal Procedure along with the present application which is pending before the learned court. 2. That the grounds mentioned in the main petition may kindly be read as part and parcel of the present application as the same has not been reproduced to avoid repetition of the same.  3. That as per the grounds setup in the main petition, there is prima facie case in favour of the petitioners and against the respondent. And in case, interim maintenance is not granted in favour of the petitioners, in that eventuality, they will suffer great hardship in meeting their day to day expenses as already submitted that they have now totally become dependent upon their father/maternal grand father. The petitioners have no independent source of income and the respondent has sufficient source of income to maintain him as well as the petitioners. It is pertinent to mention here that after the petitioners were forced to leave the house of the respondent, he has even not cared to have any amicable settlement and has not given any single pie to the petitioners for their maintenance, as such the respondent has breached the obligatory marital duties and obligations to maintain the petitioners. It is, therefore, most respectfully prayed that the application may kindly be allowed and respondent be directed to pay a sum of Rs_____/- each to the petitioners as interim maintenance from the date of filing of the application till its decision on merits. The respondent be also directed to pay litigation expenses of the present petition to the petitioners . ………………………… Applicant  Through, Advocate  IN THE COURT OF CHIEF JUDICIAL MAGISTRATE ……………………………. IN THE MATTER OF:- ………………………………………………………………….Petitioners  Versus …………………….…………………………………………….Respondent   Affidavit in support of application under section 125(3) Cr.P.C. I, ………………………………………… do hereby solemnly affirm and state on oath as under:- 1. That the contents of my accompanying application under section 125 (3) Cr.P.C in para 1 to 3 are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed there from. The contents of the accompanying application has been read over and explained to me in vernacular. 2. That the contents of my above affidavit in para 1 are true and correct to the best of my personal knowledge and belief. No part of it is false and nothing material has been concealed there from. Verified here at ………………………… on this _____.  Deponent

  • MARRIAGE INTERCASTE AFFIDAVIT FOR REGISTRAR ON

    MARRIAGE INTERCASTE AFFIDAVIT FOR REGISTRAR ON AFFIDAVIT I, _________________________ ,  do hereby solemnly affirm and declare as under :-.P1  1. That my date of birth is _______ and thereby I have completed _______ years of age and is major in accordance with law. Therefore, I am competent to contract marriage in accordance with my choice and wish. 2. That I am Hindu by religion and is bound by the principles of the religion. I have never solemnized any marriage with any woman before, and as such, I have no spouse living at present.  3. That I have solemnized marriage in accordance with Hindu rites with _______, aged _______ years [date of birth __________________]  [hereinafter called wife] with my sweet will and wish and without any pressure etc.  4. That I am of sound mind not suffering from mental disorder and is competent of procreation of children and I have never been subject to recurrent attacks of insanity or Epilepsy. My wife is not within the degree of prohibited relationship as per Hindu law; neither is we Spindas to each other. 5. That I shall maintain my wife well according to my status and means and she shall be entitled to inherit my property as my wife in case I pre-decease her.  6. That the contents of this affidavit have been read over and explained to me in a vernacular which have been fully understood by me and admitted to be true and correct. Deponent  Verification :- I, the above named deponent do hereby verify that the contents of paras 1 to 6 of my affidavit are true and correct to my knowledge and no part of it is false and nothing material has been concealed therein. Affirmed at this the _____.  Deponent .ls2  AFFIDAVIT I, _______ , do hereby solemnly affirm and declare as under :-.p#1 7. That my date of birth is _______ and thereby I have completed _______ years of age and is major in accordance with law. Therefore, I am competent to contract marriage in accordance with my choice and wish. 8. That I am Hindu by religion and is bound by the principles of the religion. I have never solemnized any marriage with any man before, and as such, I have no spouse living at present. 9. That I have solemnized marriage in accordance with Hindu rites with _______, aged _______ years [date of birth _______] [hereinafter called husband] with my sweet will and wish and without any pressure etc. 10. That I am of sound mind not suffering from mental disorder and is competent of procreation of children and I have never been subject to recurrent attacks of insanity or Epilepsy. My husband is not within the degree of prohibited relationship as per Hindu law, neither are we Spindas to each other. 11. That the contents of this affidavit have been read over and explained to me in a vernacular which have been fully understood by me and admitted to be true and correct. Deponent  Verification :- I, the above named deponent do hereby verify that the contents of paras 1 to 5 of my affidavit are true and correct to my knowledge and no part of it is false and nothing material has been concealed therein. Affirmed at this the _____.  Deponent To; The Registrar (U),  …………………………….. Subject: Registration of Marriage.  Sir,  1. With due respect and humble submission We the undersigned beg to state that we have solemnized the marriage with each others according to Hindu customs, rites and usages at _______ on _______. 2. That we intend to get our marriage registered with your office. The necessary documents are annexed as under:-  (a) Affidavit  (b) Certificate of Mandir  3. It is, therefore, most respectfully prayed that our marriage with each others may kindly be registered and the registration certificate may kindly be issued to us for our future records and needs. For this act of kindness, we shall remain thankful to you sir.  Yours faithfully,  Dated: _____  To,  The Executive Magistrate,  …………………………… Subject: Application for attestation of affidavit.  Sir,  Kindly attest the attached affidavit of the applicant and oblige.  Yours faithfully,  Applicant  Dated: _____.  Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)

  • Petition by Wife under section 125

    Petition by Wife under section 125, Cr.P.C. 1973 for Maintenance   In the Court of ........ ... Judicial Magistrate 1st Class  Case No. …………  under s. 125, Cr.P.C.  Petitioner W (wife)  Opposite Party H (husband)  Daughter of...........  versus  Son of...............................  Village .................... Village...............................  Thana .................... Thana ................................  Occupation............ Occupation........................  In the matter of petition for maintenance of petitioner W from the husband H under S.125, Cr.P.C. The humble petition of W (wife),   the petitioner above-named Most respectfully Sheweth:   1. Your petitioner W is the married wife of the opposite party. The marriage between them was solemnized according to the Hindu rites on ……………  2. The opposite party H is a clerk on the staff of AB & Co. Ltd. holding a responsible position and drawing salary of Rs. 15,000 per month.  3. The opposite party severely assaulted the petitioner on ................................. and drove her away from the matrimonial house on ....................................... in presence of several gentlemen of the locality.  4. That the opposite party leads a life of drunkenness and debauchery. He is besides a man of uncertain temperament and would fly into rage in season and out of season without any reason whatsoever. He has lost all sense of decorum and would use extremely filthy language.  5. Your petitioner after being driven out of the house by the opposite party came over to her father’s placeon the same day and has been staying at father’s house with his family members.  6. The opposite party was served with a pleader’s notice to send your petitioner Rs. 2000 every month for her maintenance but with no result. Having regard to the violent temper of H and his inhuman way of beating your petitioner she does not venture to go back to the place of the opposite party. Your petitioner, therefore, prays that Your Honour may be pleased to issue notice on the opposite party and after taking evidence of both sides be pleased to order the opposite party to pay the petitioner maintenance at the rate of Rs. 2000 per month.  And your petitioner, as in duty bound, shall ever pray. I, W daughter of MN resident at ……… do hereby solemnly affirm and say as following:  1. I am the petitioner above-named and I know the facts and circumstances of the case and I am able to depose thereto.  2. The statements in the paragraphs 1, 2, 3, 4, 5 and 6 of the foregoing petition are true to my knowledge and that I have not suppressed any material fact. Solemnly affirmed by the said Mrs. Won the …….. day of ……. 2013 in the Court House at Calcutta Before me Notary Download Word Document In English. (Rs.20/-)

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