of Forms
No. 1 Petition by Husband for a dissolution of Marriage with damages against co-respondent by reason of Adultery.(See sections 10 and 34)In the High Court ofTo the Hon'ble Mr. Justice[or To the Judge of]The..........day of The petition of A.B. ofSheweth,1. That your petitioner was on the ............... day of one thousand nine hundred and ................ lawfully married to C.B., the C.D., spinster, at........
2. The form his said marriage, your petitioner lived and cohabited with his said wife at and at..................in........ , and lastly at in......... and that your petitioner and his said wife have had issue of their said marriage, five children, of whom two sons only survive, aged respectively twelve and fourteen years.
3. That during the three years immediately preceding the .............day of ......... one thousand nine hundred and ............. X.Y., was constantly, with few exceptions, residing in the house of your petitioner at aforesaid, and that on divers occasions during the said period, the dates of which are unknown to your petitioner, the said C.B., in your petitioner's said house committed adultery with the said X.Y.
4. That no collusion or convenience exists between me and my said wife for the purpose of obtaining a dissolution of our said marriage or for any other purpose.
Your petitioner, therefore, pays that this (Hon'ble) Court will decree a dissolution of the said marriage, and that the said X.Y., do pay the sum of rupees 5,000 as damages by reason of his having committed adultery with your petitioner's said wife, such damages to be paid to your petitioner, or otherwise paid or replied as to this (Hon'ble) Court seems fit.(Signed A. B. 1.Form of Verification1. A.B., the petitioner named in the above petition, do declare that what is stated therein is true to the best of my information and belief.
No. 2 Respondent's Statement In Answer To No. 1In the Court ofThe........ day of Between A.B., petitioner.C.B. respondent, and X.V., co-respondentC.B., the respondent, by D.E., her attorney (or vakil,) in answer to the petition of A.B., says that she denies that she has on divers or any occasion committed adultery with X,Y., as alleged in the third paragraph of the said petition.Wherefore the respondent prays that this (Hon'ble) Court will reject the said petition.No. 3 co-respondent's Statement in Answer to No. 1In the (High) Court ofThe.......day ofBetween A.B., petitioner,C.B., respondent, andX.Y., co-respondent.X.Y., the co-respondent, in answer to the petition filed in this cause, saith that he denies that he committed adultery with the said C.B. as alleged in the said petition.Wherefore the said X.Y., prays that this (Hon'ble) Court will reject the prayer of the said petitioner and order him to pay the costs of and incident to the said petition.No. 4 Petition for Decree of Nullity of Marriage(See section 18)In the (High) Court ofTo the Hon'ble Mr. Justice[or To the Judge of]The..........dayThe petition of A.B.,falsely called A.D.,Sheweth.1. That on the.......day of................one thousand nine hundred and..........., your petitioner, then a spinster, eighteen years of Age, was married in fact, though not in law, to C.D., then a bachelor of about thirty years of age, at (some place in India).
2. That form the said ......... day of........ one thousand nine hundred and ......... until the month of.......... , one thousand nine hundred and.........., your petitioner lived and cohabited with the said C.D., at divers places and particularly at.......aforesaid.
3. That the said C.D., has never consummated the said pretended marriage by copulation.
4. That at the time of the celebration of your petitioner's said pretended marriage, the said C.D., was, by reason of his impotence or malformation, legally incompetent to enter into the contract of marriage.
5. That there is no collusion or connivance between her and the said C D., with respect to the subject of this suit.
Your petitioner therefore grays that this (Hon'ble) Court will declare that the said marriage is null and void.Form of Verification : See No. 1No. 5 Petition by Wife or Judicial Separation on the Ground of her Husband's Adultery(See section 22)In the (High) Court ofTo the Hon'ble Mr. Justice(or to the Judge of]The day ofThe petition of C.B,of, the wife of A.B.Sheweth1. That on the..........day of..........,one thousand nine hundred and........, your petitioner, then C.D, was lawfully married to A.B. at the Church of............in the.......
2. That after her said marriage, your petitioner cohabited with the said A.B.........at and at..............and that your petitioner and her said husband have issue living of their said marriage, three children, to with etc., etc.
3. That on divers occasions in or about the months of August,September and October, one thousand nine hundred and.........., the said A.B. at aforesaid, committed adultery with E.F., who was then living in the service of the said, A.B., and your petitioner at their said residence.........aforesaid.
4. That on divers occasions in the month of October, November and December, one thousand nine hundred and........., the said A.B., at aforesaid, committed adultery with G.H., who was then living in the service of the said A.B., and your petitioner at their said residence aforesaid.
5. That no collusion or connivance exists between your petitioner the said. A.B., with respect to the subject to the present suit.
Your petitioner therefore prays that this (Hon'ble) Court will decree a judicial separation to your petitioner from her said husband by reason of his aforesaid adultery.Forms of Verification : See No. 1No. 6 Statement in Answer to No. 5In the (High) Court ofB. against B.The ...... day ofThe respondent, A.B., by W.Y., his attorney (or vakil), saith, -1. That he denies that he committed adultery with E.F., as in the third paragraph of petition alleged.
2. That the petitioner condoned the said adultery with E.F., if any.
3. That he denies that he committed adultery with G.H., as in the fourth paragraph of the petition alleged.
4. That the petitioner condoned the said adultery with G.H., if any.
Wherefore this respondent prays that this (Hon'ble) Court will reject the prayer of the said petitioner,No. 7 Statement in Reply to No. 6In the (High) Court ofB. against B.The day ofThe petitioner, C.B., by her attorney (or vakil), says, -1. That she denies that she condoned the said adultery of the respondent with E.F., as in the second paragraph of the statement in answer alleged.
2. That even if she had condoned the said adultery, the same has been received by the subsequent adultery of the respondent with G.H., as set forth in the fourth paragraph of the petition.
No. 8 Petition for a Judicial Separation by Reason of Cruelty(See Section 22)In the (High) Court ofTo the Hon'ble Mr. Justice[or To the Judge of]The.......... day ofThe Petition of A.B.,(Wife of C.B.) ofSheweth.1. That on the ......... day of...........one thousand nine hundred and your petitioner, then A.D., spinster, was lawfully married to C.B., at........
2. That from her said marriage, your petitioner lived and cohabited with her said husband at.............until the........ day of....... , one thousand nine hundred and........, when your petitioner separated from her said husband as hereinafter more particularly mentioned and that your petitioner and her said husband have had no issue of their said marriage.
3. That from and shortly after your petitioner's said marriage, the said C.B., habitually conducted himself towards your petitioner with great harshness and cruelty, frequently abusing her in the coarest 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 ..................... one thousand nine hundred and.........., 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 petition 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............., one thousand nine hundred and..........., 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..................one thousand nine hundred and.........., your petitioner, by reason of the great and continued cruelty practiced towards 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 ............, one thousand nine hundred and, your petitioner hath lived separate and apart from her said husband, and hath never returned to his house or to cohabition with him.
8. That there is no collusion or connivance between your petitioner n her said husband with respect to the subject to 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.Form of Verification : See No. 1No. 9 Statement in Answer to No. 8In the (High) Court ofThe........day ofBetween A.B., petitioner, and C.B., respondent.C.B., the respondent, in answer to the petition filed in this cause, by W.J., 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.No. 10 Petition for Reversal of Decree of Separation(See section 24)In the (High) Court ofTo the Hon'ble Mr. Justice[or To the Judge of]The day.......... ofThe petition of A.B. ofSheweth1. 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)orThat there was reasonable ground for your petitioner leaving his said wife or that his said wife(Here state any legal grounds justifying the petitioner's separation from his wife).Your petitioner, therefore, prays that this (Hon'ble) Court will reverse the said decree.Form of Verification : See No. 1No. 11 Petition for Protection Order(See Section 27)In the (High) Court ofIn the Hon'ble Mr. Justice[or To the Judge of]The day ofThe petition of C.B.,of the wife of A.B.Sheweth,That on the..........day of.........she was lawfully married to A.B., at That she lived and cohabited with the said A.B. for.........years at and also at .............., and 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 A.B., 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 or [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 A.B., and from all creditors and.............persons claiming under him.No. 12 Petition for Alimony Pending the Suit(See Section 36)In the (High) Court ofB. against B.To the Hon'ble Mr. Justice[or To be Judge of]The..............day ofThe petition of C.B.,the lawful wife of A.B.Sheweth,1. That the said A.B., has for some years carried on the business 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 the property of 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.Form of Verification : See No. 12 No.No. 13 Statement in Answer to No. 12In the (High) Court, ofB. against B.A.B., of......................the above - namedrespondent, in answer to the petitionfor 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............... 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, further 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. I admit that I am entitled under the will of my father, subject to the life - interest of my mother therein, to property of the value of Rs. 5,000, with 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 f 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 percent 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 sum 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 on..................last, she took with her and has ever since withheld and still withholds from me, Tate watches and other effects in the second paragraph of this my answer mentioned, of the value of, as I verily believer, 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 to Rs..........and that she has ever since withheld from me the same sum.
No. 14 Undertaking by Minors Next Friend to be Answerable for Respondents Costs(See Section 49)In the (High) Court ofI, 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 under-take to be responsible for the costs of the said D.D., in such suit, and that, if the said D.D., fail to pay to the D.D., when and in such manner as the Court shall order all such costs of such suit 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
