PETITION FOR JUDICIAL SEPARATION





In the District Court of......... at............



Case Name:



In the matter of S.10 of the Hindu Marriage Act 1955, and in the matter of:



Rita........................ Petitioner

versus



Shyam........................ Respondent

RESPECTFULLY SHWETH:

1. That at all material times and at present the parties to the proceedings were and are Hindu and so ruled by the Hindu Marriage Act 1955.

2. That on the ............... day of ............... the applicant was duly married to Shyam at............... and the said marriage was solemnized according to Hindu rites. (An extract from the Marriage Registrar or an affidavit duly attested to be filed).

3. That the following are the issues of the said marriage (name, date of birth, age and sex).

4. That ever since the said marriage and until the ............ day of ............ the applicant and the said Shyam cohabited and lived as husband and wife at. ............ when he withdrew himself from the society of applicant without any probable or reasonable cause and thereby deserted her to all purposes and intents.

5. That from and soon after the marriage the said Shyam habitually and with very few exceptions conducted himself towards the applicant with severe cruelty and harshness by abusing her in most filthy language (state particulars of cruelty).

6. That applicant has not in any way been party to or connived at or condoned any of the said acts of Shyam.

7. That the said Shyam also maliciously, falsely charged the applicant as having committed adultery, abused the applicant in several manners and treated the applicant with such cruelty as cause a reasonable fear in the mind of the applicant that it will be most harmful /injurious for the petitioner to live further with the said Shyam.

8. That there were no prior proceedings between the parties and there is no collusion between the applicant and Shyam relating to the subject-matter of present petition.

9. That this court has jurisdiction to entertain this application as the marriage was celebrated at (the parties reside or last resided within the jurisdiction of this court).

The applicant therefore prays for a decree for judicial separation between the applicant and the said Shyam.

Petitioner’s Signature.

Verification



I, Rita, daughter of …., and wife of Shyam aged about ............ years by occupation housewife residing at............ do hereby solemnly affirm and say as follows:

I am the petitioner above-named and I know and I have made my acquainted with the facts and circumstances of this case.

The statements in paragraphs 1 to 9 are true to my knowledge and belief.

I sign this verification on this ............ day of............... at the Court House at...............

Petitioner’s Signature.