Application by wife for Divorce on "at fault" grounds/Restitution of Conjugal Rights - Hindu Marriage Act, 1955
- All petitions related to family matters such as
divorce, restitution of conjugal rights, adoption, child custody, etc
are filed before Family Court. There is a family court for each
district and it is at the same level as the District Court. If no
Family Court has been set up for a district, a petition may be filed in
the District Court.
- Divorce - S. 13 (1) (i) - adultery, (i-a) - cruelty, (i-b) - desertion
- Restitution of Conjugal Rights - S. 9
- The petition for such matters is to be submitted directly by the
applicant. No advocate is allowed. [For a applicant to appear through
advocate, a special permission from court is required in accordance with Family Courts Act.]
Before the Principal Judge, Family Court at Indore
Divorce Petition No. ... / 2009
RCR Petition No .../2009
A. B. w/o M. N.
123, A B Road, Indore, MP
M. N. s/o O. P.
456, A B Road, Indore, MP
Application for Divorce by wife under S. 13 (1) (i-a) of H M Act, 1955
Application for Restitution of Conjugal Rights under S. 9 of H M Act, 1955.
The aformentioned petitioner begs to state as under:-
- That the applicant is the wife of the respondent, their
marriage having been solemnized at Indore on 10/10/2006 according to
the Hindu religion and vedic ceremonies.
- That after the marriage, the petitioner and the respondent
cohabited and resided together for about three years, and during this
period, the petitioner did not bear any child.
- That since the petitioner did not bear a child, the respondent started
to ill-treat her, and she was always beaten with sticks and other house hold articles.
- That on 10/10/2009, the repondent beat the petitioner up and
threw her out of the house. The beating caused a fracture on hand of the petitioner.
- The petitioner and her parents tried their best to convince the
respondent and his parents but the respondent did not improve his
- That due to such cruel behavior of the respondent, the
petitioner is now afraid to live with the respondent and has moved out
from her matrimonial home to her father's home.
- That the petitioner is unable to carry on the marriage with the respondent is such unbearable condition.
- That the petitioner resides within the local limits of the
jurisdiction of this Court, and hence, this hon’ble Court has
jurisdiction to try and decide this application.
- That this application being chargeable with a fixed rate of Court fee, the same is paid herewith.
- That the petitioner, therefore, prays that –
(a) This application be kindly allowed, and the petitioner be granted divorce;
(b) The Costs of this application and expenditure of this case be awarded to the petitioner;
(c) The petitioner be awarded maintenance of Rs 5000/- per month.
I, A. B w/o B. C., do hereby verify that the contents from paras 1 to 10
are correct and true to the best of my knowledge and personal belief
and no part of it is false and nothing material has been concealed
therein. Affirmed at Indore this 4th Day of September 2009.