divorce petition
Posted inCivil Drafting

How to Draft a Divorce Petition under the Hindu Marriage Act

How to Draft a Divorce Petition under the Hindu Marriage Act

First, start with the name of the court and mention its jurisdiction. For example:
“IN THE COURT OF THE LEARNED FIRST ADDITIONAL DISTRICT JUDGE AT HYDERABAD.”

Next, write the case number if it is already given. If not, leave it blank for the court office to fill later.

After that, write the names and full details of both parties. First comes the petitioner with his name, father’s name, age, religion, occupation, and full address. Then write the respondent’s details in the same manner.

Then, write the subject line, like “IN THE MATTER OF: Petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 for dissolution of marriage.”

Once this is done, you begin the body of the petition with the words “Most Respectfully Sheweth.” From here, you write the facts in numbered paragraphs. Start with how and when the marriage took place, where it happened, and under which customs. Then mention whether there are children and their details. After that, write about the life after marriage, where the couple lived, how they shifted houses, and how the petitioner tried to support the family.

Next, narrate how the disputes began. Mention the year or month when the respondent started misbehaving, what demands were made, and what kind of cruelty was shown. Write all incidents in chronological order, giving dates whenever possible.

After writing the facts, mention the cause of action, i.e., when the problem started and how it continues till now.

Then write the prayer section. Here you simply ask the court for a decree of divorce and any other reliefs that the court may grant, along with costs.

Finally, write the verification at the end. The petitioner has to declare that whatever is written is true to the best of his knowledge and belief. Below that, the petitioner signs and the advocate also signs.

 

Sample Draft

Note: This document is a sample format. All details given are imaginary and are not intended to represent any actual person, dispute, or proceeding.

 

 

IN THE COURT OF THE LEARNED FIRST ADDITIONAL DISTRICT JUDGE AT HYDERABAD
MATRIMONIAL SUIT NO. 1371 OF 2023

 

SRI RAMESH REDDY,
Son of Late Narayana Reddy,
aged about 60 years, by faith Hindu,
by occupation – Business,
at present residing at – 8-2-101/1,
Banjara Hills, Hyderabad,
Pin – 500034.

…..PETITIONER.

 

VERSUS

SMT. ANITHA REDDY,
Wife of Ramesh Reddy,
aged about 53 years,
Daughter of Late Ramachandra Rao,
by faith Hindu,
by occupation – House Wife,
residing at – 5-9-210,
Himayatnagar, Narayanguda,
Hyderabad, Pin – 500029.

…..RESPONDENT.

 

IN THE MATTER OF:-
Suit for dissolution of marriage under Section 13 (1) (ia) of the Hindu Marriage Act, 1955.
Suit valued at Rs. 100/-.

NO OTHER SIMILAR CASE IS HEREBY FILED/PENDING OR REJECTED IN ANY HIGHER FORUM OF LAW.

MOST RESPECTFULLY SHEWETH:-

  1. That both the parties to the suit are Hindus and their marriage was duly solemnized on 20th day of May, 1990 according to Hindu rites and customs at the father’s house of the respondent at Secunderabad, Police Station – Gopalpuram, District – Hyderabad, within the jurisdiction of this Learned Court.
  2. That the said marriage between the parties was a negotiated one and there was no demand on either side of the parties.
  3. That after solemnized of marriage a Reception ceremony was held on 22.05.1990 at the petitioner’s father house at – Himayatnagar, Post Office – Himayatnagar, Police Station – Narayanguda, District – Hyderabad, Pin – 500029, and after that petitioner and respondent started living as husband and wife at the petitioner’s father house and the marriage has duly been consummated between the parties and out of said wed lock three issues have been born viz., elder son Rahul Reddy born on 10th January, 1993, after that one daughter namely Priya Reddy was born on 25th August, 1997 and lastly younger son namely Rohit Reddy was born on 2nd December, 2005.
  4. That after marriage the petitioner live happy conjugal life few years in her matrimonial home and after that due to some family dispute from the year 1998 the petitioner started to living with respondent and his elder son and daughter at 8-2-101/1, Banjara Hills, Post Office – Banjara Hills, Police Station – Banjara Hills, District Hyderabad, Pin-500034 and in the above residence out of wed lock between the parties the younger son was born and in the year 2010 petitioner purchase one house at 6-3-456, Jubilee Hills, Post Office – Jubilee Hills, Police Station – Jubilee Hills, District Hyderabad, Pin-500033, and there he lives with his family members happy conjugal life with the respondent and his Childs.
  5. That the petitioner from his marriage try to increase his business and on the good faith the petitioner purchase property in the joint name with the respondent and also he make the respondent as a sleeping partner in his business.
  6. That after marriage of petitioner elder son Rahul Reddy in the year 2019 petitioner started to reside a Flat with respondent and His daughter and younger son from the month of December, 2020 at – 5-9-210, Himayatnagar, Post Office – Himayatnagar, Police Station – Narayanguda, District Hyderabad, Pin -500029, and the dispute has been started between the petitioner and the respondent from the month of April, 2021 after they started to living at the above address.
  7. That from the month of April, 2021, the respondent started pressure upon the petitioner for transfer all his property and also his business in her only name for the reason the position has become so bad that the respondent practically avoid the company of the petitioner and she always behaved with an adamant attitude with the petitioner. The petitioner several times tell the respondent all the joint properties and business are in the name of the both so why she pressure upon him to transfer all those things to her only name and after their death Childs will be owner of their all properties but the respondent never cared to accept any good advice of the petitioner she always force him to write down all the property in her only name.
  8. The petitioner was at a loss for the reason for such behaviours of the respondent amounting to mental cruelty which has become continuous and painful to the petitioner. The petitioner made several request to the respondent and he also with the help of his daughter and younger son try to persuade the respondent in humble way for peaceful and happy conjugal life of last few years of his life but the respondent could not understood any word of the petitioner.
  9. That the petitioner when not agree to transfer all his joint property and his business to the respondent only name the respondent stopped to give food and medicine time to time to the petitioner as such most of the night petitioner sleeping without food and medicines and after that situation your petitioner bring food from the outside for eating but that time also the respondent thrown out the foods in the dustbin and when the petitioner try to protest such type of cruelty of respondent upon him at the time the respondent assault the petitioner and she also thrown the house hold utensils of steel and glasses upon the petitioner.
  10. That the respondent with the collusion with his daughter and younger son pressure upon the respondent to give her Rs.2,00,00,000/- (Two crores Rupees) and when the petitioner tell the respondent he has no capacity to give such huge amount to the respondent then on 15.11.2021 at the night the respondent try to murder the petitioner by putting pillow on his face and some how your petitioner save his life from the hands of the respondent and due to prestige and family and social background your petitioner not disclose said matter to any one and due to fear of respondent the petitioner on 16.11.2021 left his house and started living at 8-2-101/1, Banjara Hills Police Station, Hyderabad-500034.
  11. That the petitioner after starting residing at 8-2-101/1, Banjara Hills Police Station, Hyderabad-500034, the respondent several times reach the above residence of the petitioner and pressure upon him to write down on the properties and business in her only name but when the petitioner refused to do so the respondent assault the petitioner and also threatened him with filthy languages and each and every time the factory labours of the petitioner save his life from the hands of the respondent but each time when the respondent return back she threatened the petitioner by saying if he not transfer all the properties and business in her only name then she murder him with help of professional murderer.
  12. That on 20.11.2023 at about 11.00 A.M all the respondent the with some antisocial men has forcibly enter the factory of the Petitioner at 7-1-123, Begumpet Main Road, Within GHMC Limits, Ward No. 91,  Police Station  Begumpet, District Hyderabad, Pin – 500016, and again demand 2 (Two Crore Rupees) from the Petitioner and when the Petitioner again tell the respondent he has no capacity to give such huge amounts then the respondent and some antisocial men assaulted the petitioner and at that time the factory labours raised objection over said illegal act of the Opposite parties, at the time Opposite parties threatened the petitioner and her labours with dire consequences and filthy languages, by saying that Opposite Party No. 1 is the only owner of this factory and they not allow the petitioner in the said factory, Opposite parties also threatened your petitioners by saying that if he will not vacated the said factory then he will murder.
  13. That the cruel behaviours mental torture by the respondent upon the petitioner reaches such a climax that your petitioner had no other alternative but to file this suit praying for Divorce.
  14. That the petitioner was mentally shy and physically weak and could not disclose the respondent nasty behaviours to other and is therefore compelled to file this petition for decree of Divorce. The petitioner craves leave to refer and produce the relevant documents at the time of hearing if necessary.
  15. That the cause of action firstly arose on and from 20.05.1990 when the marriage was duly solemnized according to Hindu rites and customs and on 16.11.2021 and every subsequent dates at – 5-9-210, Himayatnagar, Police Station – Narayanguda, District – Hyderabad, Pin -500029 within the jurisdiction of this Ld. Court and the same is continuing day to day.
  16. That no other similar case is hereby filed / pending or rejected in any higher forum of law.
  17. That the fixed court fees of Rs.100/- have been paid by the petitioner.
  18. That the petition is made bonafide and for ends of justice.

PRAYER:-

  1. That the petitioners to the suit therefore pray for :-
    (a) A Decree of Dissolution of marriage dated 20.05.1990 under Section 13(1) (ia) of the Hindu Marriage Act, 1955 on the grounds of cruelty and desertion;
    (b) Any other relief/reliefs as the petitioner is entitled to either in law or in equity as your Honour may deem fit and proper.
    (c) Decree for cost.

VERIFICATION

I, SRI RAMESH REDDY, the petitioner of this instant suit, do hereby declare that the statement made above are true and correct to the best of my knowledge and belief and I sign this verification in my Advocate Sheresta on day of November, 2023.

Verification duly signed.
Advocate.

Include an AFFIDAVIT here, after the petition.