Divorce Petition under Section 13 of the Hindu Marriage Act format is hereby given below.
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT._______)
HMA PETITION NO. ________ OF 2017
IN THE MATTER OF:
X___________________ … PETITIONER
Y____________________ … RESPONDENT
PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE
UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955 (NO 25 OF 1955)
The petitioner prays as follows
1. That a marriage was solemnized between the parties according to Hindu rites and ceremonies after the commencement of the Hindu Marriage Act on_______ at _________.The said marriage is registered with the Registrar of marriage. A certified copy of the relevant extract from the Hindu Marriage Register………….is filed herewith. An affidavit, duly attested stating above facts has also been filed.
2. That the status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows:
Status Age Place of Statue Age Place of
- Before marriage
- At the time
Of filing the petition
(Whether a party is a Hindu by religion or not is as part of his or her status).
3. (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages).
4. That the respondent…….(one or more of the grounds specified in section 13 may be pleaded here. The facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits. If ground as specified in clause (i) of Section 13 (i) is pleaded, the petitioner should give particulars as nearly as he can, of facts of voluntary sexual intercourse alleged to have been committed. The matrimonial offences/offences charged should be set is separate paragraphs with the time and places of their alleged commission.
5. (Where the ground of petition is on the ground specified in clause (i) of sub-section (1) of Section 13. The petitioner has not in any manner been accessary to or connived at or condoned the act complained of.)
6. (Where the ground of petition is cruelty). The petitioner has not in any manner
condoned the cruelty.
7. That the petition is not presented in collusion with the respondent.
8. That there has not been any unnecessary or improper delay in filing the petition.
9. That there is not other legal ground why relief should not be granted.
10. That there have not been any previous proceedings with regard to marriage by or on behalf of any part.
There have been the following previous proceedings with regard to the marriage by or on behalf of the parties:
Serial Name of Nature of Number and Name and Result
parties Proceedings with Year of case location of
Section of act court
11. That the marriage was solemnized at……………. The parties last resided together at………… The parties are now residing at………………… (Within the local limit of the ordinary original jurisdiction of this Court.)
12. That the petitioner submits that this Hon’ble Court has jurisdiction to try and entertain this petition.
In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed that this Hon’ble Court may be pleased to grant a decree of divorce under Section 13 of HMA in favor of petitioner.
Any other relief/order/Direction this Hon’ble Court may deem fit in the interest of justice and equity.
The above named petitioner states on solemn affirmation that paras 1 to_____of the petition are true to the petitioner’s knowledge and paras_____ to ______ are true to the petitioner’s information received and believed to be true by him/her.