Section 7 in Family Courts (Patna High Court) Rules, 2000
7. Contents of the plaint/application.
- In addition to the particulars required to be furnished under Order VII Rule 1 of the Code of Civil Procedure, 1908 and Section 20(1) of the Hindu Marriage Act, 1955 every plaint/application for Judicial separation, nullity of marriage, divorce and restitution of conjugal rights, shall contain the following particulars. -(a)Place and date of marriage(b)The names of the parties and their Occupation, places and address where the parties resided and cohabited including the place where they last resided together.(c)The names of the children of the marriage and dates of their birth, if any.(d)The particulars of the previous suit or proceeding between the parties, if any,(e)If the plaint/application is for registered restitution of conjugal rights, the date on or from which and the circumstances under which, the respondent withdrew from the society of the petitioner.(f)If the petition is for judicial separation, the matrimonial offence alleged or other grounds upon which the relief sought with full particulars so far as known to the petitioner, e.g. -(i)In the case of desertion, the date and the circumstances under which it began.(ii)In the case of cruelty or sexual intercourse with another person other than his or her spouse, particulars of the act of cruelty or sexual intercourse together with the name and address of the person or persons with whom the respondent had sexual intercourse so as far as known to the petitioner.(iii)In the case of virulent leprosy or venereal disease in a communicable from the time when the disease began to manifest itself, the nature of curative steps taken the name and address of the person or persons who treated of such disease, and in the case of veneral disease, that it was not contacted from the petitioner, and(iv)In the case of unsoundness of mind, the time when such unsoundness began to manifest itself, the nature of curative steps taken, the name and address of the person or persons who treated for such unsoundness of mind.(g)If the petition is for divorce, the matrimonial offence alleged or other grounds upon which the relief is sought with full particulars so far as known to the petitioner, e.g.(i)In the case of voluntary sexual intercourse with a person other than his or her spouse after marriage, the particulars of the acts, occasion and the place when such act or acts was or were committed together with the name and address of the person or persons with whom sexual intercourse was committed.(ii)In the case of incurable unsoundness of mind, the time when such unsoundness began to manifest itself the nature and period of curative steps taken, the name and address of the person or persons who treated for such unsoundness of mind.(iii)In the case of virulent and incurable form of leprosy or venereal disease in a communicable form, the time when the disease began to manifest itself, the nature of curative steps taken with the name and address of the person or persons who treated for such disease, and in the case of venereal disease, that it was not contacted from the petitioner, and(iv)in the case of presumption of death, the place where the parties last lived together and the date and the place when the respondent was last seen or heard of as alive, and the steps, if any, taken to ascertain his or her whereabout.(h)If the petition is for a decree of nullity of marriage on the grounds specified in clause (c) or clause (d) of Sub-section (1) of Section 12 of the Hindu Marriage Act, 1955, the time when the facts constituting the grounds were discovered, and whether or not sexual intercourse with the consent of the petitioner took place after the discovery of those facts.(i)Property mentioned in the Section 27 of the Hindu Marriage Act, 1955, if any(j)Whether marriage has been registered under Section 8 of the Hindu Marriage Act, 1955.(k)The petition shall at the end set out the relief or reliefs sought including any claim for.(i)Custody, maintenance and education of children(ii)Permanent alimony and maintenance and(iii)Costs.Where a claim is made under clause (ii) above, the petition shall specify the value of the respondent's property and his or her income, the particulars of his or her own property and source of income.
