LEGAL

DRAFTING

TOPIC-
1. PETITION FOR DIVORCE

2. APPLICATION UNDER SECTION

125,CRPC

SUBMITTED TO: SUBMITTED BY:

Ms. SITAL PRANAV PURI

B.COM. LLB(HONS.)

8th Sem ‘D’

214/15
ACKNOWLEDGEMENT

Any work requires the effort of many people and this is no different. First of all, I would

like to express my heartiest thanks to the Director of University Institute of Legal

Studies, Prof. (Dr.) Rattan Singh for giving me an opportunity to study in such a great

institution. Then I thank my teacher Ms. Sital for firstly making me understand the

contents of my topic and then giving me a wonderful opportunity to present this topic

in form of an assignment. Her support and teaching helped me a lot to complete this

assignment.

I would also like to thank my friends who were always available to me for help and also

helped me collect data for my project through various sources.

Regardless of anything, I wish to express my gratitude to those who may have

contributed to this assignment, even though anonymously.

PRANAV PURI
 1. DIVORCE PETITION

Earlier divorce was unknown to general Hindu law as marriage was regarded as an

indissoluble union of the husband and wife. Manu declared that a wife cannot be

released by her husband either by sale or by abandonment, implying that the marital tie

cannot be severed in any way. Although Hindu law does not contemplate divorce yet it

has been held that where it is recognized as an established custom it would have the

force of law.

It is conceded in all jurisdictions that public policy, good morals & the interests of

society require that marital relationship should be surrounded with every safeguard and

its severance be allowed only in the manner and for the cause specified by law. Divorce

is not favored or encouraged and is permitted only for grave reasons.

In modern Hindu law, all the three theories of divorce are recognized & divorce can be

obtained on the basis of any one of them. The Hindu Marriage Act, 1955 originally,

based divorce on the fault theory, and enshrined nine fault grounds in Section 13(1) on

which either the husband or wife could sue for divorce, and two fault grounds in Section

13(2) on which wife alone could seek the divorce.

In 1964, by an amendment, certain clauses of Section 13(1) were amended in the form

of Section 13(1A), thus recognizing two grounds of the breakdown of the marriage. The

1976 amendment Act inserted two additional fault grounds of divorce for wife & a new

section 13B for divorce by mutual consent.

 IN THE COURT OF HON’BLE DISTRICT JUDGE, CHANDIGARH

M.J. PETITION NO. ___ of 2019

Mrs. Seema Bansal, daughter of Vijay Jindal,

Aged 32 years, residing at #321,Sector 35, Chandigarh.

…. Petitioner.

Versus

Mr. Ajay Bansal , son of Mohan Bansal,

Aged 33 years of age, residing at #3781 Sector 10 Chandigarh.

...... Respondent.

In the matter of dissolution of marriage under Section 13 of the

Hindu Marriage Act, 1956 with a prayer that this Hon’ble Court

could be pleased to dissolve the marriage between the petitioner

and respondent by passing decree of divorce on ground of cruelty

in view of averments made in petition in the interest of justice.

MOST RESPECTFULLY SHEWETH:

1. That the Petitioner and the Respondent were lawfully married according to

traditional Hindu Vedic rites on the 21st day of April 2013 in Chandigarh. Hereto

annexed and marked Exhibit 'A' is a copy of the marriage certificate evidencing

the said marriage.

2. The Petitioner and the Respondent are Hindu by birth and they continue to be

so.

3. After the said marriage, the Petitioner and the Respondent cohabited and lived

together at the Respodent's house for about six years. There were two issues out
 of this marriage viz. Rahul (son of 5 years of age) and Sanya (daughter of 2

years of age).

4. The Petitioner states that from the month of December 2015, the Respondent

began to ill-treat the Petitioner, and from the month of March 2016, began to

physically assault the Petitioner without any cause whatsoever. For some time,

the Petitioner made no complaint and underwent such ill-treatment, hoping that

the Defendant would see better sense. However, on 16th day of March of 2019,

the Respondent attacked the Petitioner with a stick and inflicted serious injuries

leading to multiple fractures in hand and leg of the Petitioner. The Petitioner

thereupon lodged a complaint at the sector 10 Police Station, being complaint

No. 789. The Petitioner craves leave to refer to and rely upon a copy of the said

complaint when produced.

5. The Petitioner says that as a result of the aforesaid injury inflicted on the

Petitioner by the Respondent, the Petitioner had to be hospitalized for six days.

The Petitioner craves leave to refer to and rely upon the Medical Certificate

issued by Dr. Harman Singh who treated the Petitioner at Forties Hospital.

6. The petitioner says that even thereafter, the Respondent continued to treat the

Petitioner in a cruel and violent manner. The Petitioner says that such cruelty has

cause an apprehension in the mind of the Petitioner that it will be harmful and

injurious for the Petitioner to continue to live with the respondent.

7. There is no collusion or connivance between the Petitioner and the Respondent

in filing this Petition.

8. The Petitioner is claiming alimony @ Rs. 45,000 (Forty Five Thousand rupees)/-

per month from the Respondent.

9. No other proceedings with respect to the marriage between the Petitioner and

the Respondent have been filed in this Honorable Court or in any other Court in

India.
 10. The Petitioner and the Respondent were married in Chandigarh and last

cohabited in Chandigarh within the territorial limits of the jurisdiction to

entertain, try and dispose of the present Petition.

11. The Petitioner being a lady is exempt from payment of Court fees.

12. The Petitioner will rely on documents, a list whereof is annexed hereto.

The Petitioner therefore prays:

- That this Honorable Court be pleased to decree a dissolution of the said marriage

between the Petitioner and the Respondent;

- That the Petitioner be granted alimony @ Rs. 45,000- (Forty five thousand

rupees)/- per month;

- That the Respondent be ordered and decreed to pay to the Petitioner the costs

of this Petition; and

- In the alternate to prayer (c) above, the Respondent be directed to give the

Petitioner a sum of Rs. 50,00,000 (Fifty lakhs rupees)/- so as to enable her to

purchase suitable accommodation for herself;

- That pending the hearing and final disposal of this petition, the Respondent be

directed to provide the Petitioner with a monthly allowance of Rs. 35,000 (thirty

five thousand rupees)/- to meet her personal expenses and the expenses of

running the matrimonial home;

- That the custody of both the children should be given to the mother.

- For such further and other reliefs as the nature and circumstances of the case

may require.

S/d-

Place: Chandigarh (Seema Bansal)

Date: 19.04.2019 Petitioner

Through Counsel

Mr. Daljit Singh,

Advocate, High Court, Chandigarh.

VERIFICATION

I, Seema Bansal, the Petitioner above named, do hereby solemnly declare and say that

what is contained in paragraphs 1 to 6 is true to my knowledge and that what is state

in paragraphs 7 to 12 is stated on legal advice and I believe the same to be true.

S/d-

19 day of April 2019. ( Seema Bansal )

Petitioner

THROUGH COUNSEL

Mr. Daljit Singh,

Advocate,High Court, Chandigarh.

Before me,

Registrar/Superintendent,
SECTION 125 OF CODE OF CRIMINAL
PROCEDURE

The wife (including a woman who has been divorced by or has obtained a divorce from
her husband and has not been remarried), parents and minor children can claim
maintenance from the respondent under section 125, Criminal Procedure Code, 1973.
There was a limit of Rs.500 per month before the 2001 Amendment to the Code. Now,
there is no limit of awarding maintenance by the court. Further, an interim maintenance
can also be awarded by the court during the pendency of the proceedings.
The court while granting maintenance under section 125 to a wife has to consider two
elements, namely, wife has the reasons to live separately and husband having sufficient
means neglected or refused to maintain the wife. Right to maintenance under section
125 is a distinct statutory right, independent of any personal law/ custom governing the
parties.
An application under section 125 can be filed in the court (Metropoliton/ Judicial
Magistrate) at the place where the applicant resides and can also be filed where the
respondent resides. Fixed court fee is to be affixed on the application.
Under Cr. PC, only wife can claim for maintenance. A wife who refuses to stay with her
husband due to legal grounds such as (bigamy, cruelty& adultery) has the right to
special allowance under this act. But a wife does not possessright to claim maintenance
if she is living in adultery or she is living separate by mutual consent.

In the Court of Judicial Magistrate, Mohali

Maintenance Petition No. 456 of 2019

1. Smt. Tina Mehta, w/o Rohan Mehta, r/o 34 Phase X, Mohali

2. Master Sumit (minor), s/o Rohan Mehta, through Mother and Natural Guardian
Smt. Tina Mehta
….. Petitioner

VERSUS
Sh. Rohan Mehta, r/o 325 sector 35, Chandigarh
…. Respondent
Application under section 125 of the code of
Criminal Procedure, 1973 for Maintenance
The petitioners above named most respectfully submit as under:
1. That petitioner no. 1 is the legally wedded wife of the respondent while
petitioner no. 2 is the legitimate son of the respondent. Both the petitioners
are residing within the jurisdiction of this Hon’ble Court.
2. The petitioner no.1 was married to the respondent according to the Hindu
rites and ceremonies on 02.10.1999 at New Delhi and petitioner no.2 was
born out of their wedlock on 01.02.2001. Petitioner no. 2 is staying with
petitioner no. 1 at present.
3. That the petitioner no.1 and the respondent stayed together after their
marriage and for the last two years preceding July, 2004, they were staying
at Delhi.
4. That sometime during the period June-July, 2004, the matrimonial life of
petitioner no.1 and the respondent got disturbed on account of the
illegitimate affair of the respondent with a girl named Ms. Suman. Petitioner
no.1 made best possible efforts to persuade the respondent to desist from
indulging in an affair outside their wedlock. However, the same had no effect
on the respondent. Rather, the behavior of the respondent towards petitioner
no.1 became rude, cruel and oppressive, and finally on 10.07.2004, the
respondent compelled the petitioner no.1 to leave the matrimonial home
alongwith petitioner no.2, and since then, the petitioners are staying with
petitioner no.1’s father.
5. That the petitioner no.1 has made repeated attempts to join the respondent
in the matrimonial home. However, the respondent has refused to take back
the petitioners and has clearly informed petitioner no.1 that he was planning
to marry Ms. Suman though the same is not permissible under law. As such,
the respondent has deserted the petitioners without any reasonable cause.
6. That the respondent is liable to maintain the petitioners who have repeatedly
requested the respondent to provide them the appropriate maintenance.
However, the respondent has refused to maintain the petitioners.
7. That the respondent is a man of status and is working as a Manager in a
reputed MNC. He is getting monthly emoluments of about Rs. 50,000/- per
month and as such has sufficient means to maintain himself and the
petitioners. He has no encumbrances or liabilities except that of the
maintenance of the petitioners.
8. That petitioner no.1 has no independent source of livelihood and as such is
unable to maintain her. She is staying with her father at Mohali and as such
both the petitioners are dependent upon the respondent.
9. That the respondent no.2 is a minor and is also staying with petitioner no.1.
He is studying in Manav Mangal School, Phase X, Mohali, and his monthly
expenditure including school fees, dresses etc. is more than 8,000/-.
 10. That the petitioners are residing at Mohali. This Hon’ble Court therefore is
competent to entertain and try this petition.
11. That the requisite court fee has been affixed thereto.
12. That there is no collusion between the plaintiff no.1 and the husband.
13. That no such similar petition has been filed by the petitioners against the
respondent in this court or any other competent court.

PRAYER
It is, therefore, most respectfully prayed that the orders for maintenance of the
petitioners be passed in favour of the petitioners and against the respondent
directing the respondent to pay the monthly allowance of Rs. 8,000/- towards
the petitioner no.1 and Rs.10, 000/- towards petitioner no.2. The costs of these
proceedings be also awarded to the petitioners.
Place: Mohali Petitioners
Date:

Through Counsel
Dinesh Kumar, Advocate,
District Court, Mohali

Affidavit
In the Court of Judicial Magistrate, Mohali
Maintenance Petition No. 456 of 2019
1. Smt. Tina Mehta, w/o Rohan Mehta, r/o 34 Phase X, Mohali
2. Master Sumit (minor), s/o Rohan Mehta, through Mother and Natural Guardian
Smt. Tina Mehta
….. Deponents

VERSUS
Sh. Rohan Mehta, r/o 325 sector 35, Chandigarh
…. Respondent
Affidavit of Tina Mehta, w/o Rohan Mehta,
R/o 34, Phase X, Mohali and Master Sumit
(Minor), s/o Rohan Mehta, through Mother
And Natural Guardian Smt. Tina Mehta, r/o
34, Phase X, Mohali.
We, the above mentioned deponents do hereby solemnly affirm and declare as under:
 1. That the above named deponents have filed the present petition in this Hon’ble
Court, which is likely to succeed on the grounds taken in the same. The contents
of the petition may kindly be read as the part of the present affidavit.
2. That the contents of the petition have been read over to the deponents and the
same have been understood by them and the same are true and correct.
3. That the contents of the petition are true and correct to the knowledge and
belief of the deponents. No part of it is false and nothing material has been kept
concealed therein.
4. That the deponents have not filed any such or similar petition either in this
Hon’ble Court or in any other Court in India.

Place: Mohali Deponents

Date:

VERIFICATION
That the contents of the petition are true to our knowledge and belief. Nothing material
has been concealed therein.
Place:
Date: Deponents