Application by wife for Divorce on "at fault" grounds/Restitution of Conjugal Rights - Hindu Marriage Act, 1955


Important points
  1. 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.
  2. Divorce - S. 13 (1)  (i) - adultery, (i-a) - cruelty, (i-b) - desertion
  3. Restitution of Conjugal Rights - S. 9
  4. 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
or
RCR Petition No .../2009
A. B. w/o M. N.
123, A B Road, Indore, MP                            .........................................  Petitioner

Vs.

M. N. s/o O. P.
456, A B Road, Indore, MP                            .........................................  Respondent


Application for Divorce by wife under S. 13 (1) (i-a) of H M Act, 1955
or
Application for Restitution of Conjugal Rights under S. 9 of
H M Act, 1955.

The aformentioned petitioner begs to state as under:-
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. The petitioner and her parents tried their best to convince the respondent and his parents but the respondent did not improve his behavior.
  6. 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.
  7. That the petitioner is unable to carry on the marriage with the respondent is such unbearable condition.
  8. 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.
  9. That this application being chargeable with a fixed rate of Court fee, the same is paid herewith.
  10. 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.


Place: ………………….                                                                            (Signature of the Petitioner)
Date: …………………..                                                                            

Verification
 
 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.

(Signature)
Petitioner