RULES OF VARIOUS HIGH COURTS UNDER HINDU MARRIAGE ACT, 1955 PART VII
6. DELHI HIGH COURT HINDU MARRIAGE RULES, 1979
1. Short title.—These rules may be called the Hindu Marriage Rules, 1979.
2. Commencement.—The rules shall come into force from the date of their publication in the Delhi Gazette.
3. Definitions.—In these rules unless there is anything repugnant in the subjct or context:
(a) ‘Act’ means the Hindu Marriage Act, 1955 (No.25 of 1955) as amended from time to time.
(b) ‘Code’ means the Code of Civil Procedure, 1908 as from time to time modified or amended.
(c) ‘Court’ means the Court mentioned in Section 3(W of the Act.
(d) ‘Form’ means a form appended to these rules.
(e) ‘Section ‘ and sub-section mean respectively Section and sub-section of the Act.
(f) All other terms and expressions used herein but not defined shall have the meanings respectively assigned to them in the Act.
4. Petitions.—(a) Every petition under the Act shall be accompanied by either a certified extract from the Hindu Marriage Register maintained under Section 8 of the Act, where the marriage has been registered under the Act or in the absence of the same, an affidavit to the effect that the petitioner was married to the respondent (unless the certificate or affidavit is alreay on the record or is for sufficient cause dispensed with by the Court.)
(b) Every petition for divorce on any of the grounds mentioned in clauses (i) and (ii) of sub-section (1-A) of Section 13 of the Act shall be supported by a certified copy of the decree for judicial separation or for restitution of conjugal rights, as the case may be.
5. Forms of proceedings.—The following proceedings under the Act shall be initiated by petition :
(i) under Section 9 for restitution of conjugal rights;
(ii) under sub-section (1) of Section 10 for judicial separation;
(iii) under sub-section (2) of Section 10 for rescinding a decree for judicial
separation;
(iv) under Section 11 for declaring a marriage null and void;
(v) under Section 12 for annulment of marriage by a decree of nullity.
(vi) under Section 13 for divorce;
(vii) under Section 13-B for divorce by mutual consent;
(viii) under Section 14 for leave to present a petition for divorce before the expiration of one year from the date of marriage;
(ix) under Section 26 for making, revoking, suspending or varying orders and provisions with respect to the custody, maintenance and education of minor children.
6. Petition by or against a person suffering from mental disorder.—A
person suffering from mental disorder will be treated in all respects as a person of unsound mind for the purpose of Order XXXII of the Code.
- Vide No.262/Gazette OSD (R) Delhi, 16th October, 1979.
7. Contents of petition.—In addition to the particulars required to be given under Order VII, Rule I of the Code and Section 20 (1) of the Act, all petitions under Secs.9 to 13 shall state—
(a) the place and date of marriage;
(b) whether the petitioner and the respondent were Hindu by religion at the time of the marriage and whether they continue to be so up to the date of filing of the petition;
(c) the name, status and domicile of the wife and the husband before the marriage and at the time of filing the petition;
(d) the address where the parties of the marriage reside at the time of the presentation of the petition and last resided, together;
(e) the names of children, if any, of the marriage, their sex and their dates of birth or ages;
(/) if prior to the date of the petition there has been any proceeding under the Act between the parties to the petition, full particulars thereof;
(g) the matrimonial offence or offences alleged or other ground, upon which the relief is sought, setting out with sufficient particularity the time and places of the acts alleged and other facts relied upon, but not the evidence by which they are intended to be proved , e.g.—
(i) if the petition is for restitution of conjugal rights the-date on or from which and the circumstances under which the respondent withdraw from the society of the petitioner;
(ii) if the petition is for a decree of nullity of marriage on the grounds specified in clauses (c) and (d) of sub-section (1) of Section 12 of the Act, the particulars of force or fraud and the circumstances in which force or fraud had been practised along with the time when the facts relied upon ~ were discovered and whether or not marital intercourse with the consent of the petitioner took place after the discovery of the said facts;
(iii) in every petition for judicial separation/divorce by either the husband or the wife on the ground that the other party has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse, the petitioner shall state the name, occupation and place of residence of such person or persons so far as they can be ascertained, the specific acts of sexual intercourse and the occasion when and the place where such acts were committed.
(iv) in the case of alleged desertion, the date and the circumstances in which it began, in the case of cruelty the specific acts of cruelty and the occasion when and the place where such acts were committed;
(v) in the case of unsoundness of mind or mental disorder the time when such unsoundness of mind or mental disorder began to manifest itself and the nature and the period of the curative steps taken;
(vi) in the case of virulent and incurable form of leprosy or venereal disease in communicable form, when such ailment began to manifest and the nature and the period of the curative steps taken;
(vii) if the petition is on the ground specified in Section 13 (1), the date of renunciation and the particulars of the religious order which the respondent has entered into;
(viii) if the petition is on the ground specified in Section 13 (1) (vii), the date and the place where “the respondent was last seen or heard of alive and the steps, if any, taken to ascertain his or her whereabouts;
(ix) where the petition is founded on the ground of rape or sodomy, the
occasion when, the place where and the names and the addresses of
persons with whom, such acts were committed. In case of conviction
for committing rape or sodomy, the particulars thereof;
(x) where the petition is founded on the ground of bestiality,
the occasion when, the place where and the particulars, of
the beast with whom, the husband had been guilty of
bestiality;
(xi) in the case of divorce under Section 13(2) (iii) of the Act, particulars of the decree under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 or of order under Section 125 of the Code of Criminal Procedure, 1973 (or under the corresponding Section 488 of the Code of
Criminal Procedure, 1998), together with an affidavit that since the passing of such decree, or order, cohabitation between the parties has not been resumed for one year or upwards;
(xii) in the case of divorce under Section 13(2) the date and the place of birth of the wife together with the date and the place of reputation and its mode;
(h) the property mentioned in Section 27 of the Act, if any;
(i) the relief or reliefs, prayed for.
8. Affidavit of non-collusion.—Every petition excepting petitions under Section 11 shall be accompanied by an affidavit to the effect that it is not presented or prosecuted in collusion with the respondent. In the petition seeking judicial separation/divorce on the ground that the party has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse, it will also state that the petitioner has not, in any manner, been accessory to or connived at the acts complained of.
9. Affidavit of non-condonation.—Where the ground of the petition is the ground specified in clause (i) of sub-section (1) of Section 13 or where the ground for the petition is cruelty, the petition shall be accompanied by an affidavit to the effect that the petitioner has not condoned the act or acts complained of or not in any manner condoned the cruelty.
10. Affidavit of non-cohabitation.—Every petition under Section 13 (1-A) (i) of the Act shall be accompanied by an affidavit made by the petitioner that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties.
11. Affidavit of non-restitution of conjugal rights.—Every petition under Section 13 (1-A) (ii) of the Act shall be accompanied by an affidavit made by the petitioner of the fact that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
12. Necessary parties.—(a) In every petition for divorce/judicial separation on the ground that the respondent has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse, the petitioner shall make the alleged adulterer or adultress a co-respondent to the petition. The petitioner may, however, apply to the Court, on application supported by affidavit for leave to dispense with the joinder of such person as a co-respondent on any of the following grounds;
(i) that the name of such person is unknown to the petitioner although he/she has made due efforts for discovery;
(ii) that such person is dead;
(iii) that the respondent being the wife is leading a life of a prostitute and that the petitioner knows of no person with whom voluntary sexual intercourse has been committed; or
(iv) any other reason that the Court considers sufficient.
(b) In every petition under Section 13 (2) (i) of the Act the petitioner shall make the “other wife” mentioned in that Section a co-respondent.
(c) In every petition under Section 11 of the Act on the ground that the condition in Section 5 (i) is contravened the petitioner shall make the spouse alleged to be living at the time of the marriage a co-respondent.
13. Application for leave under Section 14 of the Act.—(1) In support of an application for leave under Section 14 of the Act there shall be filed an affidavit by the applicant stating the grounds on which the application is made, the particulars of the exceptional hardship or exceptional depravity alleged, whether there has been any previous application under the said Section , whether there are living any children of the marriage, if so, the names and dates of birth or ages of such children, their sex, where and with whom they are residing, whether any and, if so, what attempts at reconciliation have been made under any circumstances which may assist the Court to determine the question whether there is reasonable probability of a reconciliation between the parties.
(2) Notices of the application shall be given to the respondent who may contest the same by filing affidavit in opposition.
(3) In exceptional circumstances the Court may, if necessary, order a deponent to be cross-examined on his or her affidavit.
(4) The application shall be accompanied by the petition intended to be filed.
(5) When the Court grants leave, the petition shall be deemed to have been duly filed on the date of the said order, provided proper Court-fee thereon is paid within the time allowed by the Court.
14. Notices.—The Court shall issue notice in Form ‘A’ accompanied by a copy of petition to the respondent and the co-respondent, if any. The notice shall require, unless the Court otherwise directs the respondent or correspondent to file his or her written statement in Court on or before the date fixed in the notice.
15. Written statement in answer to petition.—Where a counter-claim is made in terms of Section 23-A, it shall comply with the Rules applicable to petitions on the like grounds.
16. Application for alimony and maintenance.—Every application for maintenance pendente lite, permanent alimony and maintenance, or for custody, maintenance and education expenses of minor children, shall be supported by an affidavit and shall state the average monthly income of the petitioner
and the respondent, the sources of their income, particulars, of other movable and immovable property owned by them jointly or severally, the details of their liabilities, if any, along with the number of their dependants, if any, and the names and ages of such dependants.
17. Supply of certified copy of the decree to the parties.—(1) In every cause where a marriage is dissolved by a decree of divorce, the Court passing the decree shall give a copy thereof free of cost to each of the parties. The copy so supplied shall be authenticated as ‘true copy’ by the Court passing the decree.
(2) The Court shall maintain a register where the particulars of the decree shall be incorporated and signatures of the parties or their Advocates or agents shall be obtained in token of their having received a copy of the decree.
18. Forms.—The forms given in the Appendix to these rules with such variations as the circumstances of each case may require, shall be used.
FORM A
In the District Court at. ………………
Matrimonial and Divorce Jurisdiction Case No. ………….
Date of institution. …………………
………………………………………………………….. Petitioner
Versus
…………………………………………………. Respondent
………………………………………………,…. Co-respondent
To
Whereas. ……………….. .has presented a petition/application
against you for………………… .under section_,………… .of
the Hindu Marriage Act, 1955 (No.25 of 1955) (a copy of the said petition/ application is sent herewith), you a*re hereby summoned to appear in this Court on the. …………… at 10 o’clock in the forenoon to answer the
said petition/application on……………either in person or by recognized
agent duly instructed and able to answer all material questions relating to the case or who shall be accompanied by some other person able to answer all such questions or by an advocate, similarly instructed or accompanied and you are directed to produce on that day all documents upon which you intend to rely in support of your defence. You should file a written statement/ answer to the petition/application on the date mentioned above.
You are further informed that in default of your appearance on the …. ,
. . day. ………… .and in the manner above-mentioned, the petition/.
application shall be heard and determined in your absence.
Given under my hand and the seal of this Court, this…………….
day of………….. Two thousand and…………..
Dated. …………….. District Judge at. ……………
FORM B
In the District Court at. ……………….
………………………………………………………………………………..Petitioner
Versus …………………………………………………………………………….Respondent
Petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (No.25 of 1955)
The petitioner prays as follows :
1. A marriage was solemnized between the parties according to Hindu rites and ceremonies on………………….at………………….The said marriage is
registered with the Registrar of Marriages. A certified copy of the relevant extract from the Hindu Marriage Register………………….is filed herewith and
an affidavit duly attested.
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
Age Place of residence
Status
Age Place of reside ce
(i) Before marriage
(ii) (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 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. The petition is not presented in collusion with the respondent.
6. There has not been any unnecessary or improper delay in filing the petition.
7. There is no other legal ground why the 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 :
Result
Serial No.
Names of parties
Nature of proceedings with Section of the Act
Number and year of the case
Name and location of the Court
(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 try and entertain this petition.
11. The petitioner prays for a decree for restitution of conjugal rights against the respondent.
(Signature)
Verification
The above named petitioner states on solemn affirmation that paras 1 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………………….(place)
Dated………………….
Petitioner
FORM C
In the District Court at. ………………..
…………………………………………………………………………………………..Petitioner
Versus
………………………………………………………………………………………..Respondent
……………………………………………………………………………………Co-Respondent
Petition for judicial separation under Section 10 of the Hindu Marriage Act, 1955 (No. 25 of 1955)
The petitioner prays as follows :
- A marriage was solemnized between the parties/petitioner and ther respondent according to Hindu rites and ceremonies on………………….
at………………….The said marriage is registered with the Registrar of
Marriages. A certified copy of the relevant extract from the Hindu Marriage Register………………….is filed herewith.
An affidavit is duly attested.
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 Age Place of Status Age Place of
residence residence
(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 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
under Section 10 may be pleaded here. The matrimonial offences charged should be set out in separate paragraphs with times 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 on the ground specified in clause (1) of Section 13(1), the petitioner has not in any manner been accessory to or connived at or condoned the acts complained of.
6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelty.
7. The petition is not presented in collusion with the respondent.
8. There has not been any unnecessary or improper delay in filing the petition.
9. There is no other legal ground why the relief should not be granted.
10. There have 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 parries.
Result
Serial No.
Names of parties
Nature of proceedings with Section of the Act
Number and year of the case
Name and location of the Court
(i)
(ii)
(iii)
(iv)
11. The marriage was solemnised 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 try and entertain this petition.
13. The petitioner, therefore, prays for a decree for judicial separation against the respondent.
Petitioner
Verification
The above-named petitioner states on solemn affirmation that paras 1 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 at………………..(place)
Dated………………..
Petitioner
FORMD
In the District Court at. ……………….
…………………………………….. Petitioner
Versus
………………………………………… Respondent
Petition for a decree of nullity of marriage under Section 11 of the Hindu Marriage Act, 1955 (No.25 of 1955).
The petitioner prays as follows^_______
1. A marriage was solemnized between the parties according to Hindu_ rites and ceremonies after the commencement of the Hindu Marriage Act on………………..at………………..A certified copy of the relevant extract from
the Hindu Marriage Register is filed.
An affidavit is duly attested herewith.
2. The status and place of residence of the parties to the marriage before the marriage and at the time of filling the petition were as follows.
Husband Wife
Status
Age Place of residence
Status
Age Place of reside ce
(iii) Before marriage
(iv) 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 state the names of the children, if any, of the marriage together with their sex, dates of birth or ages.)
4. The respondent had a spouse living at the time of the marriage (give full particulars).
The parties are within the degrees of prohibited relationship and there is no custom or usage governing each of them which permits of a marriage between the two. (Specify the exact relationship between the parties).
The parties are sapindas of each other and there is no custom or usage governing each of them which permits of a marriage between the two. (Specify the exact relationship between the parties).
(One or more of the above grounds may be pleaded, and portions which are not applicable should be scored out. Facts on which the claim to relief is founded should be stated in compliance with the Rles and as distinctly as the nature of the case permits.)
5. There has not been any unnecessary or improper delay in filing the petition.
6. There is no other legal ground why relief should not be granted.
7. There have 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.
Names of
Nature oL
Number
Name and
Result
parties- —
proceedings with Section
and year of the case
location of the Court
of the Act
(i)
(ii)
(iii)
-
(iv)
8. 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).
9. The petitioner submits that this Hon’ble Court has jurisdiction to try and entertain this petition.
10. The petitioner, therefore, prays that the marriage solemnized between the parties being null and void may be so declared by the Court by a decree of nullity.
Verification
The above named petitioner states on solemn affirmation that paras 1 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 at………………..(place)
Dated………………..
Petitioner
FORM E
In the District Court at. ……………….
……………………………………………….. Petitioner
Versus
…………………………………………………….. Respondent
……………………………………………………… Co-respondent
Petition for a decree of nullity of marriage under Section 11 of the Hindu Marriage Act, 1955 (No.25 of 1955).
The petitioner prays as follows :
1. A marriage was solemnized between the parties according to Hindu rites and ceremonies after the commencement of the Hindu Marriage Act on………………..at………………..A certified copy of the relevant extract from
the Hindu Marriage Register is filed herewith.
An affidavit is duly attested.
2. The status and place of residence of the parties to the marriage before the marriage and at the time of filling the petition were as follows.
Husband Wife
Status
Age Place of residence
Status
Age Place of reside ce
(v) Before marriage
(vi) 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 state the names of the children, if any, of the marriage together with their sex, dates of birth or ages.)
4. (One or more of the grounds as specified in Section 12 of the Act may be pleaded here. 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. The petition is not instituted in collusion with the respondent.
6. There has not been any unnecessary or improper delay in filing the petition.
7. There is no other legal ground why relief should not be granted.
8. There have not been any previous proceedings with regard to the marriage by or on behalf of any parties.
Or,
There have been the following previous, proceedings with regard to the marriage by or on behalf of the parties.
Serial No.
Names of
Nature of
Number
Name and
Result
parties
proceedings with Section
and year of the case
location of the Court
of the Act
(i)
(ii)
(in)
(iv)
9. The marriage was solemnised 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 try and entertain this petition.
11. The petitioner, therefore, prays that the marriage between the parties being voidable may be anulled by the Court by a decree of nullity.
Petitioner Verification
The above-named petitioner states on solemn affirmation that paras 1 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 at………………..(place)
Dated……………….. Petitioner
FORM F
In the District Court at. ……………….
……………………………………………………………………………Petitioner
Versus
……………………………………………………………………….Respondent
…………………………………………………………………..Co-respondent
Petition of dissolution of marriage by a decree of 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 according to Hindu rites and ceremonies after the commencement of the Hindu Marriage Act, 1955 on ……………….at……………….
A certified copy of the relevant extract from the Hindu Marriage Register is filed herewith.
An affidavit is duly attested.
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
1
1
1
1
1
Status Age
Place of
Status Age Place of
residence
residence
(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 state the names of the children, if any, of the marriage together with their sex, dates of birth or ages).
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 in accordance with the Rules and as distinctly as the nature of the case permits. If the ground as specified in clause (i) of Section 13 (1) is pleaded, the petitioner should give particulars as nearly as he can, of facts of voluntary sexual intercourse alleged to have been committed. The matrimonial offence /of fences charged should be set out in separate paragraphs with the times and places of their alleged commission).
5. (Where the ground of petition is the ground specified-m clause (i) of sub-section (1) of Section 13, the petitioner has not in any manner been accessory to or connieved 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 cruelty.
7. The petition is not presented in collusion with the respondent.
8. There has not been any unnecessary or improper delay in filing the petition.
9. There is no other legal ground why the relief should not be granted.
10. There have 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.
Names of
Nature of
Number
Name and
Result
parties
proceedings with Section
and year of the case
location of the Court
of the Act
(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 that the marriage between the petitioner and the respondent may be dissolved by a decree of divorce.
Petitioner Verification
The above-named petitioner states on solemn affirmation that paras 1 .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 at………………….(place)
Dated………………….
Petitioner
In the District Court at………………….
…………………………………………………………………………Petitioner No.l
…………………………………………………………….Petitoner No. 2
Petition for dissolution of marriage by a decree of divorce by mutual consent under Section 13-B (1) of the Hindu Marriage Act, 1955 (No.25 of 1955) as amended by the Marriage Laws (Amendment) Act, 1976.
The petitioners prays as follows.
1. A marriage was solemnized between the parties according to Hindu rites and ceremonies on………………….at………………….A certified copy of the
relevant extract from the Hindu Marriage Register is filed herewith. An affidavit is duly attested.
2. The status and place of residence of the parties to the marriage before the marriage and at the time of filling the petition were as follows.
Husband Wife
Status
Age Place of residence
Status
Age Place of reside ce
(vii) Before marriage
(viii) 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 state the place where the parties to the marriage last resided together and the names of the children, if any, of the marriage together with their sex, dates of birth or ages.)
4. The parties to the petition have been living separately since………………….and have not been able to live together since then.
5. The parties to the petition have mutually agreed that their marriage should be dissolved.
6. The mutual consent has not been obtained by force, fraud or undue influence.
7. The petition is not presented in collusion with each other.
8. There has not been any unnecessary or improper delay in instituting the proceedings.
9. There is no other legal ground why relief should not be granted.
10. The petitioners submit that this Court has jurisdiction to entertain this petition.
11. The petitioners, therefore, pray that the marriage between the parries may be dissolved by a decree of divorce.
Petitioners
Verification
The above-named petitioners state on solemn affirmation that paras 1 to………………….to the petition are true to petitioners knowledge and paras
………………….to………………….are true to the petitioners information received
and believed to be true by them.
Verified at………………….(place)
Dated………………….
Petitioners
FORM H
In the District Court at………………….
……………………………………………………………………………Petitioner
Versus
………………………………………………………………………….Respondent
Petition under Section 14 of the Hindu Marriage Act, 1955 (No.25 of 1955) praying that a petition for divorce may be allowed to be presented within one year of the marriage.
The petitioner prays as under :
1. A marriage was solemnized between the parries according to Hindu rites and ceremonies on………………….at………………….
A certified copy of the relevant extract from the Hindu Marriage Register is filed herewith. An affidavit is duly attested.
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
Age Place of residence
Status
Age Place of reside ce
(ix) Before marriage
(x) 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 state the names of the children, if any, of the marriage together with their sex, dates of birth or ages.)
4. This is a case of exceptional hardship of the petitioner/exceptional depravity on the part of the respondent (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. The marriage was solemnized at………………….The parties last resided
together at………………….(within the local limits of the ordinary original
jurisdiction of this Court).
6. The petitioner submits that this Hon’ble Court has jurisdiction to try and entertain the application.
7. The petitioner, therefore, prays that he/she may be allowed to present a petition for divorce within one year of the marriage.
Petitioner
Verification
The above-named petitioner states on solemn affirmation that paras 1 to ………………….of the petition are true to the petitioner’s knowledge and
information received and believed to be true by him/her.
Verified at………………….(place).
Dated………………….
Petitioner
FORM I
In the District Court at……………………………………………………………………….
…………………………………………………………………………………Petitioner
Versus
……………………………………………………………………………..Respondent
Petition for maintenance pendente lite and for expenses of proceedings under Section 24 of the Hindu Marriage Act, 1955 (Act No.25 of 1955).
The petitioner prays as follows :
1. A proceeding for………………….under Section ………………….of the Hindu
Marriage Act, 1955 is pending between the parties in this Court, .the next date of hearing whereof is………………….
2. The petitioner owns no other movable or immovable property and has no other source of income except the following………………….(give full
particulars of the petitioner’s property and income).
3. The petitioner has no independent income sufficient for his/her support and the necessary expenses of the proceeding. The respondent has not made any provision for the petitioner’s maintenance.
4. The respondent has sources of income and owns movable and immovable property mentioned below.
………………….(give full particulars of respondent’s income and property).
5. The only person dependent upon the respondent is the petitioner himself/herself and (give here the details, of the liabilities, if any, of the parties along with the details of the dependants, if any, and the names and ages of such dependants.)
6. The petitioner submits that having regard to the respondent’s own
-income and his/her property and having regard to the conduct of the
respondent and the petitioner, a sum of Rs…………………..per month as and
by way of maintenance and support is the just proper amount for the maintenance and support of the petitioner.
7. The petitioner prays that the respondent should be ordered to pay a sum of Rs…………………..as the petitioner’s expenses of the proceedings and a
sum of Rs………………….monthly for petitioner’s maintenance during the
proceedings.
Petitioner
Verification
The above-named petitioner states on solemn affirmation that paras 1 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 at………………….(place)
Dated………………….
Petitioner
FORM J
In the District Court at. ………………
……………………………………………………………. Petitioner
Versus
……………………………………………………………… Respondent
Application for permanent alimony and maintenance under Section 25 of the Hindu Marriage Act, 1955 (No.25 of 1955).
The applicant prays as follows.
1. A proceeding between the parties for………………….under Section
………………….of the Hindu Marriage Act, 1955, is pending in this Court, was
decided, particulars of which are given below :
(In case main proceedings give only the next date of hearing)
Remarks
Name and year of the case
Names of parties
Date of decision
2. The applicant owns no other movable or immovable property and has no other source of income except the following………………….(give full
particulars about applicant’s income and property).
3. The respondent has sources of income and owns movable and immovable property mentioned below.
………………….(give full particulars of respondents income and property).
4. The only person dependent upon the respondent is the applicant himself/ herself or the applicant and (give here the details of the liabilities, if any, of the parties along with the details of the dependants).
5. The respondent has not made any provision for the applicant’s maintenance.
6. The applicant has not remarried and has not been guilty of any conduct which would disentitle him/her to receive maintenance from the respondent.
7. The applicant submits that he/she is entitled to alimony for his/her maintenance and support in any amount sufficient to maintain the standard of life to which he/she is accustomed.
8. The applicant prays that having regard to the income of the parties, their conduct and other circumstances of the case, the respondent may be ordered to pay to the applicant for his/her maintenance and support until death or remarriage a gross/monthly/periodical sum of Rs…………………..(score
out portion not necessary) and such payment may be secured by a charge on the immovable property of the respondent.
Applicant
Verification
The above-named applicant states on solemn affirmation that paras 1 to………………….of the application are true to the applicant’s knowledge and
paras………………….to………………….are true to the applicants information
received and believed to be true by him/her.
Verified at………………….(place)
Dated………………….
Applicant
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