abusing her in the coarsest and most insulting language, and beating her with his fists, with a cane, or with some other weapon.
4. That on an evening in or about the month of………………………… the said C.B., in the
highway and opposite to the house in which your petitioner and the said C.B., were then residing at………………………..aforesaid, endeavored to knock your petitioner down, and was
only prevented from so doing by the interference of F.D., your petitioner’s brother.
5. That subsequently on the same evening, the said C.B., in his said house at……………………………..aforesaid, struck your petitioner with his clenched fists a violent blow
on her face.
6. That on one Friday night in the month of………………………. the said C.B., in……………………
without provocation, threw a knife at your petitioner thereby inflicting a severe wound on
her right hand
7. That on the afternoon of the………………………..day of………………………… your petitioner,
by reason of the great and continued cruelty practiced towards her by her said husband, with assistance withdrew from the house of her said husband to the house of her father at………………………… that from and after the said………………………..day of…………………………
your petitioner hath lived separate and apart from her said husband and hath never returned to his house or to cohabitation with him.
8. That there is no collusion or connivance between your petitioner and her said husband with respect to the subject of the present suit.
Your petitioner, therefore, prays that this (Hon’ble) Court will decree a judicial separation between your petitioner and the said C.B., and also order that the said C.B., do pay the costs of and incident to these proceedings.
(Signed)AB.
Form of verification.—See No. 1
State Amendment—[Uttar Pradesh].—In Form No. 8, the words and the brackets “(High)”, “(Hon’ble)” and “(or To the Judge of)” and the words “To the Hon’ble Mr. Justice”, shall be omitted.—U.P. Act XXX of 1957.
No. 9—STATEMENT IN ANSWERS TO NO. 8
In the (High) Court of………………………………………………………………………………..
The………………………………… day of………………………………….
Between A.B., petitioner, and C.B., respondent.
C.B., the respondent, in answer to the petition filed in this cause, by W./., his attorney, [or vakil], saith that he denies that he has been guilty of cruelty towards the said A.B., as alleged in the said petition.
(Signed) C.B.
State Amendment—[Uttar Pradesh].—In Form No. 9, the word and the brackets “(High)” shall be omitted.—U.P. Act XXX of 1957.
No. 10—PETITION FOR REVERSAL OF DECREE OF SEPARATION
(See section 24) In the (High) Court oL……………………………………………J.:……..^………………………….I.
To the Hon’ble Mr. Justice……………………………………….. [or To the Judge of……….
The………………………..day of………………………..
The petition of A.B. of………………………..
DIVORCE ACT, 1869
sheweth, .
1. That your petitioner was on the………………………..day of………………………… lawfully
married to………………………..
2. That on the…………………………. day of………………………….. this (Hon’ble) Court, at the
petition of……………………………pronounced a decree affecting the petitioner to the effect
following, to wit,—
[Here set out the decree]
3. That such decree was obtained in the absence of your petitioner, who was then residing at…………………………………………………………………………….
[State facts tending to show that the petitioner did not know of the proceedings; and further, that had he known he might have offered a sufficient defence. ]
or
That there was reasonable ground for your petitioner leaving his said wife, for that his said wife………………………..
[Here stateany legal ground justifying the petitioner’s separation from his wife.] Your petitioner, therefore, prays that this (Hon’ble) Court will reverse the said decree,
(Signed) AB.
> Form of verification.—See No. 1
State Amendment—[Uttar Pradesh].—In Form No. 10, the words and the brackets “(High)” “(or To the Judge of)” and “(Hon’ble)” and the words “To the Hon’ble Mr. Justice”, shall be omitted.—U.P. Act XXX of 1957.
No. 11—PETITION FORPROTECTION ORDER
(See section 27)
In the (High) Court of..………………^…………………………………………………………………………………..
To the Hon’ble Mr. Justice……………………………………. ….[or To the Judge of………………………]
The………………………..day of………………………..
The petition of C.B. of the wife of AB.
sheweth,
That on the……………………………..day of…………………………..she was lawfully married to AB.
at…………………………….
That she lived and cohabited with the said AB., for………………………..years
at………………………..and also at………………………… and .hath had………………………..children, issue
of her said marriage, of whom………………………..are now living with the applicant, and *
wholly dependent upon her earnings.
That on or about………………………… the said AB., without any reasonable cause, deserted
the applicant and hath ever since remained separate and apart from her.
That since the desertion of her said husband, the applicant hath maintained herself by her own industry [or on her own property, as the case may be], and hath thereby and* otherwise acquired certain property consisting of [here state generally the nature of the property.]
Wherefore she prays an order for the protection of her earnings and property acquired since the said………………………..day of………………………..from the said AB., and from all
creditors and persons claiming under him.
State Amendment—[Uttar Pradeshl.—In Form No. 11, the words and the brackets “(High)” and “(or To the Judge of)” and the words “To the Hon’ble Mr. Justice”, shall be omitted.—U.P. ActXXXof 1957.
(Signed) C.B.
No. 12—PETITION FOR ALIMONY PENDING THE SUIT
(See section 36) In the (High) Court of………………………………………………………………………………..
B against B
To the Hon’ble Mr. Justice……………………………………….. [or To the Judge of …………,,..„………]
The………………………..day of………………………..
The petition of C.B., the lawful wife of A.B.
sheweth,
1. That the said A.D., has for some years carried on the business of………………………..
at………………………… and from such business derives the net annual income of from Rs. 4,000
to 5,000.
2. That the said A.B., is possessed of plate, furniture, linen and other effects at his said house………………………..aforesaid, all of which he acquired in right of your petitioner as his
wife, or purchased with money he acquired through her, of the value of Rs. 10,000.
3. That the said A.B., is entitled, under the will of his father, subject to the life interest of his mother therein, to property to the value of Rs. 5,000 or some other considerable amount.*
Your petitioner, therefore, prays that this (Hon’ble) Court will decree such sum or sums of money by way of alimony, pending the suit, as to this (Hon’ble) Court may seem meet.
(Signed) C.E.
form of verification.—See No. 1
State Amendment—[Uttar Pradesh].—In Form No. 12, the words and the brackets “(High)” “(or To the Judge of)” and “(Hon’ble)” and the words “To the Hon’ble Mr. Justice”, shall be omitted.—U.P. Act XXX of 1957.
* The petitioner should state her husband’s income as accurately as possible.
No. 13—STATEMENT IN ANSWER TO NO. 12
In the (High) Court of………………………………………………………………………………..
B against BJ
A.B., of………………………..the above-named respondent, in answer………………………..to the
petition for alimony, pending the suit of C.B. says:—
1. In answer to the first paragraph of the said petition, I say that I have for the last three years carried on the business of………………………..at………………………… and that, from such
business, I have derived a net annual income of Rs. 900, but less than Rs. 1,000.
2. In answer to the second paragraph of the said petition, I say that I am possessed of plate, furniture, linen and other chattels and effects at my said house………………………….
aforesaid, of the value of Rs. 7,000, but as I verily believe of no larger value. And I say that a portion of the said plate, furniture and other chattels and effects of the value of Rs. 1,500, belonged to my said wife before our marriage, but the remaining portions, thereof, I have since purchased with my own moneys. And I say that, save as hereinbefore set forth, I am not possessed of the plate and other effects as alleged in the said paragraph, in the said petition, and that I did not acquire the same as in the said petition also mentioned.
3.1 admit that I am entitled under the will of any father, subject to the life-interest of my mother therein, to property of the value of Rs. 5,000, that is to say, I shall be entitled under my said father’s will, upon the death of my mother, to a legacy of Rs. 7,000 out of which I shall have to pay to my father’s executors the sum of Rs. 2,000, the amount of a debt owing by me to his estate, and upon which debt I am now paying interest at the rate of five per cent, per annum.
4. And, in further answer to the said petition, I say that I have no income whatever except that derived from my aforesaid business, that such income, since my said wife left me which she did on the………………………..day of………………………..last, has been considerably
diminished, and that such diminution is likely to continue. And I say that out of my said income, I have to pay the annual sum of Rs. 100 for such interest as aforesaid to my late father’s executors, and also to support myself and my two eldest children.
5. And, in further answer to the said petition, I say that, when my wife left my dwelling-house on the………………………..day of………………………..last, she took with her, and has ever
since withheld and still withholds, from me, plate, watches and other effects in the second paragraph of this my answer mentioned, of the value of, as I verily believe, Rs. 800 at the least; and I also say that, within five days of her departure from my house as aforesaid, my said wife received bills due to me from certain lodgers of mine, amounting in the aggregate toRs…………………………and that she has ever since withheld and still withholds from me the
same sum.
(Signed)AB.
State Amendment—[Uttar Pradesh].—In Form No. 13 and 14, the word and brackets “(High)”, shall be omitted.—U.P”. Act XXX of 1957.
No. 14—UNDERTAKING BY MINOR’S NEXT FRIEND TO BE ANSWERABLE .
: FOR RESPONDENT’S COSTS
(See section 49) . .
In the (High) Court of………………………………………………………………………………..
I, the undersigned A.B., of………………………..being the next friend of C.D., who is a minor,
and who is desirous of filing a petition in this Court, under the Indian Divorce Act, against D.D. of………………………..hereby undertake to be responsible for the costs of the said D.D., in
such suit, and all that, if the said C.D. fail to pay to the said D.D. when and in such manner as the Court shall order such costs of such suit as the Court shall direct him (or her) to pay to the said D.D., I will forthwith pay the same to the proper officer of this Court.
Dated this…………………………….day of……………………………..
(Signed) A.B.
State Amendment—[Uttar Pradesh].—SeeFormNo.13.
