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What is Divorce petition form by a wife on the grounds of cruelty?
Divorce petition form by a wife on the grounds of cruelty – As per Section 13 (1)(ia) of the Hindu Marriage Act 1955 – Voidable Marriages, Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty. Divorce, in general, means the breakage or dissolution of marriage with the help of law, so that one can leave his or her spouse and become free from marital duties with some exceptions. A divorce petition form by a wife on the grounds of cruelty is the dissolution of marriage through a legal process by filing a petition in a court of law. When a court passes a divorce decree, it brings an end to the matrimonial alliance of spouses and therefore terminates all the marriage. Along with the separation of husband and wife, it also involves the division of property, assets, and the issue of custody of the child. Divorce petition form by a wife on the grounds of cruelty procedures and laws in India varies with each religion.
Types Of Divorce
Mutual divorce: Under the Hindu Marriage Act, Mutual divorce is governed by Section 13-B. As the name suggests, in mutual divorce, both the parties i.e. husband and wife mutually agree and express their consent for peaceful separation. The husband and wife have to predetermine the issues relating to alimony and child custody if any. There are only two requirements for filing a mutual divorce, one is mutual consent and the other is that they have to live separately for at least one year.
Contested Divorce: When divorce is initiated by either spouse it is termed as a Contested Divorce. Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are, cruelty, conversion of religion, unsound mind, communicable disease or either spouse is unheard of more than seven-year.
FAQ’s for Divorce petition form by a wife on the grounds of cruelty
Q1. How long does it take to get a divorce in India?
Ans – It takes a minimum of six months in case of mutual divorces. But in cases of a contested divorce, it depends on a lot of factors and can take more than two years.
Q2. How much does a divorce cost in India?
Ans – The total cost of divorce could be anywhere from thousands of rupees to lakhs depending on the lawyer you hire. However, the minimum charge in cities like Delhi could be anywhere from Rs.25000 to Rs 30,000.
Q3. How much is the court fee for a divorce?
Ans – For filing fresh suit for divorce under the Hindu Marriage act is Rs.50 and under Special Marriage Act is Rs.100. Where the filing of a complaint or appeal under the Parsi Marriage Act is Rs. 500. And if filing a civil suit or petition under Section 125 of Crpc you need to pay a court fee of Rs.50
Q4. When can the divorced persons remarry?
Ans – In case of mutual consent divorce, there is no time bar on remarrying. However, in case contested divorce, 90 days time frame is provided to parties to file an appeal. If there is no appeal, then the person can remarry.
Q5. What Happens When the Married Couples Are Living Separately for Many Years?
Ans – When marries couples are living separately for many years, it constitutes a valid ground to seek divorce. Also, either party can file for restitution of conjugal rights, wherein, the court will order the respondent to live with the applicant.
Divorce Petition Form by a Wife on the Grounds of Cruelty Sample Format
IN THE FAMILY COURT BANDRA, MUMBAI
M.J. PETITION NO. ______ of __________
Smt. ___________,
daughter of ___________,
aged _______ years, residing at ___________ Petitioner.
Versus
XYZ, son of _________,
_______ years of age,
residing at _________,
carrying on __________ business…… Respondent.
In the matter of dissolution of marriage under Section 13 of the Hindu Marriage Act, 1956:
And
In the matter of the Family Courts Act, 1954;
And
In the matter of Divorce of the Petitioner with the Respondent on grounds of cruelty.
TO,
THE HON’BLE PRINCIPAL JUDGE
AND OTHER JUDGES OF THIS
Honorable COURT.
THE HUMBLE PETITION OF
THE PETITIONER ABOVE NAMED
MOST RESPECTFULLY SHEWETH:
1.That the Petitioner and the Respondent were lawfully married according to traditional Hindu Vedic rites on the ______ day of __02 at the ______ in Mumbai. Hereto annexed and marked Exhibit ‘A’ is a copy of the marriage certificate evidencing the said marriage
2. The Petitioner and the Respondent are Hindu by birth and they continue to be so.
3. After the said marriage, the Petitioner and the Respondent cohabited and lived together at the Petitioner’s house for about six years. There were two issues out of this marriage viz. LML (son of ________ years of age) and HIJ (daughter of _____ years of age).
4. The Petitioner states that from the month of ___ 02, the Respondent began to ill-treat the Petitioner, and from the month of _____02, began to physically assault the Petitioner without any cause whatsoever. For some time, the Petitioner made no complaint and underwent such ill-treatment, hoping that the Defendant would see better sense.
However, on or about _______month of 02, the Respondent attacked the Petitioner with a stick and inflicted serious injuries leading to multiple fractures in hand and leg of the Petitioner.
The Petitioner thereupon lodged a complaint at the ____ Police Station, being complaint No. ______. The Petitioner craves leave to refer to and rely upon a copy of the said complaint when produced.
5. The Petitioner says that as a result of the aforesaid injury inflicted on the Petitioner by the Respondent, the Petitioner had to be hospitalized for six days. The Petitioner craves leave to refer to and rely upon the Medical Certificate issued by Dr. ____ who treated the Petitioner at ______ Hospital.
6. The petitioner says that even thereafter, the Respondent continued to treat the Petitioner in a cruel and violent manner. The Petitioner says that such cruelty has caused apprehension in the mind of the Petitioner that it will be harmful and injurious for the Petitioner to continue to live with the respondent.
7. There is no collusion or connivance between the Petitioner and the Respondent in filing this Petition.
8. The Petitioner is claiming alimony @ Rs. —- per month from the Respondent.
9. No other proceedings with respect to the marriage between the Petitioner and the Respondent have been filed in this Honorable Court or in any other Court in India.
10. The Petitioner and the Respondent were married in Mumbai and last cohabited in Mumbai within the territorial limits of the jurisdiction to entertain, try and dispose of the present Petition.
11. The Petitioner being a lady is exempt from payment of Court fees.
12. The Petitioner will rely on documents, a list whereof is annexed hereto.
The Petitioner therefore prays:
That this Honorable Court be pleased to decree a dissolution of the said marriage between the Petitioner and the Respondent;
That the Petitioner be granted alimony @ Rs. _______/- per month.
That the Respondent be ordered and decreed to pay to the Petitioner the costs of this Petition; and
In the alternative to prayer (c) above, the Respondent be directed to give the Petitioner a sum of Rs. ________/- so as to enable her to purchase suitable accommodation for herself;
That pending the hearing and final disposal of this petition, the Respondent be directed to provide the Petitioner with a monthly allowance of Rs. ____/- to meet her personal expenses and the expenses of running the matrimonial home;
For such further and other reliefs as the nature and circumstances of the case may require.
A petition drawn by:
Mr. ABC,
Advocate, Sd/- Petitioner
High Court, Mumbai.
VERIFICATION
I, ______________, the Petitioner above named, do hereby solemnly declare and say that what is contained in paragraphs _________ to __________ is true to my knowledge and that what is state in paragraphs ______________ to ______________ is stated on legal advice and I believe the same to be true. __________ day of ____02. Sd/-
Before me,
Registrar/Superintendent,
Divorce Petition Form by a Wife on the Grounds of Cruelty
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