PETITION FOR DIVORCE

PROBLEM: A married B and then married C B now wants to file a divorce petition Draft
a petition divorce under the Hindu Marriage Act.

MODEL DRAFT:

IN THE COURT OF THE DISTRICT JUDGE

O.P. No......../2002

Between:

Smt. Bhanumathi,
W/o, Appa Rao
Aged: 25 years
Occ: House-hold,
R/o. Muralinagar,
Visakhapatnam.
...Petitioner

Versus

Appa Rao,
S/o. Sanyasi Rao,
Aged: 34 years,
Occ: clerk,Gram Panchayat,
R/o Muralinagar,
Visakhapatnam.
…Respondent

PETITION SUBMITTED UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955

May it please your Worship:

The Petitioner above named begs to state on oath as follows

1. That the petitioner and Respondent were married on 15-5-1999 at of the house of
the parents of the petitioner. Thereafter, both of them were staying in the village -
--at the house where the Respondent was working as a clerk Both of them are
Hindus by birth.
2. That at the time of marriage, the father of petitioner gave Rs. 1.00.000 cash and
Jewellery worn Rs. 50,000/- to Respondent as dowry. Thereafter too now and
whenever the respondent demanded, the father of the petitioner used to give
amounts to him under the compulsion and threat.
3. That the Respondent used to threat the petitioner that he would marry another
girl and get huge dowry.
4. That the Respondent married one woman by name C. D/o. Y aged: 22 years, on
15-12-2001 at 8-00 AM at Sri Venkateswara Temple in the village..
5. That the petitioner filed a criminal case under Section 494 of Indian Penal Code
against the Respondent and the woman C, D/O. Yin the Court of the Judicial
Magistrate First Class..
6. That after the trial, the Judicial Magistrate First Class. had been pleased to pass the
judgment in favour of the petitioner, and punishing the Respondent and C, D/o Y
and sentenced to imprisonment 3 years to each accused in that case. Now the
Respondent is in Central Prison.
7. That the petitioner and the respondent have no issue of their said marriage.
8. That there had been no proceedings in respect of the marriage in this Court, or in
any other Court before this petition.
9. That there is no collusion between the petitioner and respondent regarding this
petition.
10. That the petitioner's marriage with the respondent was solemnized within the
local limits of this honourable Court. This Honourable Court has territorial and
subject-matter jurisdiction to grant the appropriate relief.
11. That the Court Fee of Rs. as per A.P Court Fees and Stamp Valuation Act, 1956 is
affixed.
The Petitioner, therefore, prays the honourable Court to be pleased,

(a) to grant a Decree of Divorce to the Petitioner

(b) to grant the costs of the petition; and

(c) to grant any other reliefs, which may be proper and just in the circumstances

Prayed,

Place: Sd/-xxx

Date: (Bhanumathi)
Petitioner

Petition drawn by

Sd/- xxxx

Petitioner's Advocate.

Verification: Smt. B, W/o, A, aged: 29 years, Occ: House-hold, R/o. above-named

petitioner do hereby solemnly state and declare that the contents of paras 1 to 11 are true
and correct to my ow knowledge and belief Verified at on this the...th day of 2002.

Sd-xxxx
(Bhanumathi)
Petitioner
Solemnly affirmed as aforesaid at Visakhapatnam on....

Sd - XXX
Attesting Advocate