Petition Under section 13(1)a of hindu marriage act | Divorce under Hindu Marriage Act

 

Here I will discuss about the modal draft of petition under section 13 (1) of Hindu Marriage act for dissolution of marriage by a decree of divorce filed from the side of Wife against husband on the ground of cruelties, mental and physical constant torture, harassment and on other grounds as set out in the body of the petition.          

 

IN THE COURT OF HON’BLE DISTRICT JUDGE, FAMILY COURT_____

      Smt. Mamta                    vs.                Manoj Kumar

 

Petition Under Section 13(1) (ia) & (ib) of the Hindu Marriage Act, 1955 for Dissolution of Marriage by a decree of Divorce.

                                                  INDEX

Sr. No.	Particulars	Page Nos.
1-
2-
3-
4-
6-
7-
8-
9

Dated :                                                                     

 

                                    Through counsel :

 

 

IN THE COURT OF HON’BLE DISTRICT JUDGE, FAMILY COURT_______

Smt. Mamta

                                                                    ………..Petitioner

                            VERSUS

Manoj Kumar

                                                                  ………Respondent 

Petition Under Section 13(1) (ia) & (ib) of the Hindu Marriage Act, 1955 for Dissolution of Marriage by a decree of Divorce.    

       

RESPECTFULLY SHOWETH

1-   That the petitioner was married with the respondent on 28-01-2008 at Sector 16, Faridabad according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties. An affidavit of the petitioner is enclosed herewith

2-   That the status of the parties before the marriage and at the time of filing the present petitioner were/are as under: 

	Petitioner		Respondent
	Status	Residence	Status	Residence
Before the marriage	Hindu unmarried	House No. 554, Ward No. X, Gali No. Y, Faridabad.	Hindu unmarried	House No.21, Ground Floor, Sector 55, Ghaziabad Uttar Pradesh
At the time of filing of this petition	Married	-DO-	Married	-DO-

                                                                               

3-   That after the marriage the petitioner and the respondent lived together as husband and wife and they cohabited with each other at the residence of the respondent. However, out of the said wed lock of the petitioner and the respondent one son namely Anuj was born. The said child is residing with the respondent and his family members.

4-   That although the parents of the petitioner had spent a huge amount of Rs. 5,00,000/- and had given sufficient dowry articles to the respondent and his family members at the time of solemnization of the marriage of the petitioner with the respondent but the respondent and his family members were not satisfied with the dowry articles so given in the marriage of the petitioner.

5-   That after some time of the marriage the petitioner came to know that the respondent was addicted of taking Afim and Charas and he used to give merciless beatings to the petitioner. The petitioner came to know that the respondent and his family members were greedy and dowry seekers and they started pressured the petitioner to bring the cash amount of Rs. 2,50,000/- and one Car from her parents for purchasing the house. When the petitioner showed her inability then the respondent and his family members gave merciless beatings to the petitioner from time to time.

6-  That due to the heavy doses of Afeem and Charas the respondent became in mad condition but the respondent and his family members provided the treatment to the respondent and now his mental condition is like normal person.

7-    That the brothers-in-laws/Jeth namely Raman and Ajay of petitioner were keeping evil eye over the petitioner and they and they tried to outrage the modest of the petitioner several times but due to the objections they could not succeed in their illegal motives. The father in law namely Ombir Singh always taunted started the petitioner and instigated the respondent against the petitioner and due to this reason the respondent used to give beatings to the petitioner and the respondent used to push out the petitioner outside the house and the petitioner used to remain outside the house whole night hours.

8-    That the petitioner told her parents about the above said acts and conducts of the respondent and his family members and the parents of the petitioner gave cash amounts of Rs. 30,000/- to the respondent and his family members two times and requested them not to harass the petitioner but the respondent and his family members did not mend their ways and continued attributing cruelties mentally and physically upon the petitioner from time to time.

9-    That in the month of November, 2013 the respondent and his family members pressurized the petitioner to bring the cash amount of Rs. 2,50,000/- and one Car from her parents and when the petitioner showed her inability to bring the same then the respondent and his family members turned out the petitioner from her matrimonial house in wearing clothes and since then the petitioner has been residing at her parental house. The respondent and his family members kept the minor son and also kept the entire Istridhan dowry articles and ornaments etc. in their custody.

10- That the parents of the petitioner convened several Panchayats at the house of the respondent from time to time but on each and every occasion the respondent and his family members raised their demand of Rs. 2,50,000/- and one Car and when the parents of the petitioner showed his inability to give the same then the respondent and his family members refused to keep and maintain the petitioner at any cost.

11-  That in the month of December, 2015 the respondent and his family members came to the house of the petitioner and they raised the demand of Rs. 2,50,000/- and one Car from the parents of the petitioner and when the parents  of the petitioner told them that the father of the petitioner is having four daughters and he has to solemnize the marriage of three unmarried daughters and he is unable to give the same then the respondent and his family members raised quarrels with the petitioner and her family members and went to Ghaziabad U.P. 

12- That the respondent and his family members have deserted the petitioner by way of adopting cruelties mentally as well as physically upon the petitioner time to time for the fulfillment of their illegal demand of dowry articles. The respondent has deserted the petitioner for the last more than two years. Now the life of the petitioner is not safe with the respondent because if the petitioner will live any more with the respondent then the respondent will kill her.  Therefore, the petitioner is entitled for a decree for divorce on account of cruelties and desertion

13- That the cause of action to file the present petition accrued in the month of November, 2013 when the respondent and his family members pressurized the petitioner to bring the cash amount of Rs. 2,50,000/- and one Car from her parents and when the petitioner showed her inability to bring the same then the respondent and his family members turned out the petitioner from her matrimonial house in wearing clothes. The cause of action also arose on each and every date when the parents of the petitioner convened the Panchayat but the respondent and his family members refused to keep and maintain the petitioner. The cause of action further arose in the month of December, 2015 the respondent and his family members came to the house of the petitioner and they raised the demand of Rs. 2,50,000/- and one Car from the parents of the petitioner refused to fulfill their demands then the respondent and his family members raised quarrels with the petitioner and her family members and went to Ghaziabad U.P.  The cause of action finally arose on 10-02-2016 when the petitioner realized that the respondent is not faithful husband and he has deserted the petitioner and the petitioner decided to dissolve her marriage. Hence this petition.

14-   That the parties are Hindus by religion.

15-   That this petition is not being presented in collusion with the respondent.

16-  That there has not been any unnecessary delay in filing the petition

17-  That there is no legal impediment why the relief should not be granted to the petitioner.

18- That the petitioner has not condoned the cruelties inflicted upon him by the respondent.

19-         That the marriage of the petitioner was solemnized at _______and  the petitioner is residing within he territorial jurisdiction of this Hon’ble court hence this Hon’ble court has got the jurisdiction to entertain and try the present petition.

20-   That a fixed court fees has been affixed on the petition.

Prayer :-

                     Hence it is, therefore, prayed that in the interest of justice the marriage between the petitioner and respondent may kindly be dissolved by passing a decree of divorce in favour of the petitioner and against the respondent Under as per the provisions of section 13(1) (i-a) & (i-b) of the Hindu marriage Act, 1955 on the grounds of cruelties, mental and physical constant torture, harassment and on other grounds as set out in the body of the petition.          

                                                                               Petitioner.

Through counsel :

 

Verification :Verified that the contents of Paras No.1 to 14 of the petition are true and correct to the best of my knowledge and paras No.18 to 20 are true to my belief and on information received and believed to be correct. Verified at ___________

      

                                                                                Petitioner.

         

(Affidavit in support of petition) 

IN THE COURT OF HON’BLE DISTRICT JUDGE, FAMILY COURT_______

      Smt. Mamta                    vs.                Manoj Kumar 

Petition Under Section 13(1) (ia) & (ib) of the Hindu Marriage Act, 1955 for Dissolution of Marriage by a decree of Divorce.

                                        Affidavit.

I, Smt. Mamta _________________________ do hereby solemnly affirm and declare as under:-

1-   That the petitioner was married with the respondent on 28-01-2008 at Faridabad according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties.

                                                                                 Deponent

Verification:Verified that the contents of my above affidavit are true to best of my knowledge and belief and nothing has been concealed therein. Verified at on _____________

                                                                                    Deponent

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Petition Under Section 31 of Guardians & Wards Act 1890 for grant of permission to sell the Property of Minor

Firstly before going to the actual format of a Petition Under Under Section 31 of Guardians & Wards Act 1890 in the case of Muslim for grant of permission to sell the Property of Minors we will discuss about the need of this. 

As per the provision of Guardianship  & wards Act 1890, the legal guardians of the minor cannot sale out the property of a minor without obtaining due permission from the competent court of law. Hence for taking permission, the legal guardian of the minors have to file a petition (undermentioned)  before the court of their jurisdiction. 

 

IN THE HON’BLE COURT OF CIVIL JUDGE, SENIOR  DIVISION,____

                             

In the matter of :

 

Smt. Aaisa

                                                                               ....Petitioner

                                              Versus

1-        General Public

2-       The state of Haryana through Collector, Faridabad

                                                      …..Respondents

Petition Under Section 31 of Guardians & Wards Act 1890 for grant of permission to sell the Property of Minor Samim Khan son of Late Hakim
 

R/Sir,

             The petitioner most humbly submits as under :

1-   That Samim Khan minor son of late Hakim is aged about 7 years old and the petitioner is the real mother, next friend and natural guardian of the minor.  

2-   That the said minor is recorded as owner in possession to the extent of 1/3^rd share of the total share 3 Kanal 19 Marlas, out of the  agricultural land bearing Khewat No. ___, Khatoni No. ___, Rect No. ________ total area measuring 15 Kanals and 18 Marlas which is situated within the revenue estate of village______. The photocopy of the Jamabandi for the year 2003-2004 and copy of the Mutation No. ____dated 10-02-2008 are enclosed herewith as Annexure P-1 & P-2 and the said minor is also recorded as owner in possession to the extent of 1/3^rd share of the total share 1 Kanal 13 Marlas out of the agricultural land bearing Khewat No._____, Khatoni No. 279, Rect No.70, Killa No. 22/1(6-13), which is situated within the revenue estate of village ______. The photocopy of the Jamabandi for the year 1996-97 and copy of the Mutation No. _____ dated 20-03-2008 are enclosed herewith as Annexure P-3 & P-4.  

3-   That the petitioner is the mother of the said minor and is the natural guardian of the minor and the petitioner is looking after and maintaining him and she has no any independent and sufficient source of income to maintain the minor and is not in position to give him a proper and healthy upbringing including quality education, good food, shelter and house because the father of the minor has already been expired on 25-05-2008. The photocopy of the death Certificate of Late Hakim is enclosed as Annexure P-5.

Also read this Petition under section 8 of Hindu Minority & Guardianship act for permission to sale the property of minors namely ______

4-   That the property as mentioned in para No.2 of this petition is a valuable property and at present the said property is being offered a good price in the market and the petitioner being devoid of any sources of income and for reasons as mentioned in Para No. 3 seeks permission from this Hon’ble court to alienate/sell the share of the minor and undertakes that she will utilize the said sale consideration/proceeds for the proper education, good food, shelter and comfortable living and betterment of the minor and shall also purchase some good land in the name of minor near the village and residence of the minor so that she could look after and maintain the same and as well she will ensure that the future prospects of the minor are safe and secured.

5-   That the petitioner is fittest lady to be appointed as a lawful guardian of the minor being his mother, next friend and natural guardian and their father has already been expired.

6-   That on _______ some prospective buyers of the said property approached the petitioner and offered good prices and on dated _____ when the petitioner contacted the sub Registrar’s office, Faridabad she was advised to obtain a permission to sell the same from this Hon’ble court. Hence this petition.

7-     That the interests of the petitioner are not adverse to that of the minor.       

8-     That no court has appointed any guardian of the minor.

9-     That there are no any legal impediments why the relief sought for is not granted to the petitioner.

10-    That there is no any petition either decided by any court or is pending in any court in India.

11-  That the property in question is situated within the territorial jurisdiction of this Hon’ble court hence this Hon’ble court has got this Hon’ble court has got the jurisdiction to try and entertain the present petition.

12-         That a fixed court fees has been paid on the petition.

PRAYER:

                       It is, therefore, respectfully prayed that the permission to sell the share of the minor namely Samim Khan son of Late Sh. Hakim which is fully mentioned in Para No.2 of the plaint may kindly be granted in favor of Smt. Aaisa i.e. the petitioner and she may kindly be appointed as guardian of the said minor for the purpose of sell of the shares of the minor accordingly.                                                                                                                                         Petitioner 

                                                            Smt. Aaisa

Through Counsel:

       

Verification:- Verified that the contents of pars No.1 to 10 of the petition are true and correct to best of my knowledge and paras Nos. 11 and 12 of the petition are true to best of our belief and on the information received. The last para is the prayer para. Verified at   

                                                                     Petitioner

 

 

(Affidavit in support of petition)

IN THE HON’BLE COURT OF CIVIL JUDGE, SENIOR DIVISION,____

In the matter of :

Smt. Aaisa               Versus          General Public  & Others

 

Petition Under Section 31 of Guardians & Wards Ac1890 for grant of permission to sell the Property of Minor Samim Khan son of Late Hakim

Affidavit

I, Smt. Aaisa______________________________, do here by solemnly affirm and declare as under:-

1-That the deponent/plaintiff has filed the present suit before this Hon’ble court and the contents of which may be read as a part and parcel of this affidavit. That the all contents of the suit have been explained by my counsel to me in a simple Hindi Versions which are accepted to me as true and correct.

                                                                              Deponent

Verification: Verified that the contents of this affidavit are correct and true to the best of my knowledge and belief and nothing has been concealed there in. Verified at…….

                                                                                  Deponent

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