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[Cites 0, Cited by 0] [Section 212] [Entire Act]

State of Bihar - Subsection

Section 212(8) in Civil Court Rules of the High Court of Judicature at Patna

(8)Contents of petitions. - In addition to the particulars required to be given under Order VII, Rule 1 of the Code of Civil Procedure, every original petition shall state-
(i)the place and the date of the marriage;
(ii)the names of the parties and their occupation;
(iii)the principal permanent address where the parties cohabited including the address where they last resided together;
(iv)the names of the children, if any, of the marriage together with their dates of birth or ages;
(v)if prior to the date of the petition there has been any proceeding between the parties to the petition with reference to their marriage in any Court in India, the result and the full particulars thereof.
(vi)if the petition is for restitution of conjugal rights, the date on or from which and the circumstances under which the respondent withdrew from or terminated conjugal relationships with the petitioner;
(vii)if the petition is for judicial separation or divorce the matrimonial offence alleged or other grounds upon which the relief is sought, together with full particulars thereof so far as such particulars are known to the petitioner, e.g.,-
(a)in the case of alleged desertion the date and the circumstances under which it began;
(b)in the case of presumption of death, the last place where the parties lived together and the date when and the place where the respondent was last seen or heard of as alive and the steps, if any, taken to ascertain his whereabouts;
(c)in the case of cruelty or adultery the specific acts of cruelty or adultery and the occasions when and the places where such acts were committed;
(d)in the case of incurable unsoundness of mind, the time when such unsoundness began to manifest itself the nature and period of any curative steps taken together with the name and address of the person, if any, who treated for such unsoundness of mind;
(e)in the case of leprosy, or venereal disease in a communicable form, when such ailment began to manifest itself, the nature and the period of the curative steps if any, taken, together with the name and address of the person who treated for such ailment and whether or not such ailment was contracted from the petitioner;
(f)in case of an allegation of fraud a complete specification of the facts which constitute the fraud;
(viii)if the petition is for a decree of nullity of marriage on the ground specified in clause (ii) or clause (iii) of Section 25 of the Act, the time when the facts relied on were discovered and whether or not marital intercourse with the consent of the petitioner took place after the discovery of the said facts;
(ix)if the petition is by a husband for divorce or judicial separation on the ground that his wife committed adultery with any person, the name, occupation and place of residence of such person, so far as they can be ascertained;
(x)if the petition is by a wife for divorce or judicial separation on the ground that her husband committed adultery with any woman, the name, occupation and place of residence of such woman, so far as they can be ascertained;
(xi)if the petition is by the wife for divorce on the ground that her husband has been guilty of rape, sodomy and beastiality, all particulars in proof of the same, accompanied by a certified copy of judgment, if any, in case of conviction;
(xii)if the petition is one for a decree of dissolution of marriage, or of nullity or annulment of marriage or for judicial separation, that there is no collusion or connivance between the petitioner and the other party to the marriage or alleged marriage;
(xiii)set out at the end the relief or reliefs sought, including any claim for-
(a)damages against the co-respondent;
(b)custody, care and maintenance of children;
(c)permanent alimony and maintenance; and
(d)costs.
Where a claim is made under (c) the petition shall specify the annual or capital value of the husband's property, the amount of his annual earnings and other particulars relating to his financial resources and also the annual or capital value of the wife's property.