What is Petition by Wife for Judicial Separation Format?
Petition by Wife for Judicial Separation is a medium under the law to give some time for self-analysis to both parties of a disturbed married life. Law gives a chance to both the husband and wife to rethink the extension of their relationship while at the same time guiding them to live separately. By doing this, the law allows them the free space and independence to think about their future path and it is the last option available to both spouses for the legal breakup of the marriage.
Section 10 of the Hindu Marriage Act, 1955 provides Judicial Separation for both the spouse and those who are married under the Hindu Marriage Act, 1955. They can claim the relief of Judicial Separation by filing a petition. A wife may also present a petition for judicial separation on the following grounds too Bigamy Guilty of rape, sodomy, or bestiality Cohabitation between the parties has not been resumed for one year or upwards after an order from the court.
Need for
Need for Petition by Wife for Judicial Separation Draft Format?
Judicial separation, also known as a decree of judicial separation or an order for judicial separation, is a legal document signed by a judge in India that declares the spouses to be separate and living apart. Judicial separation can be granted on the grounds of incompatibility, adultery, or cruelty. The purpose of judicial separation is to protect the interests of the children involved in the marriage and to provide an opportunity for both spouses to seek reconciliation.
FAQ For Petition by Wife for Judicial Separation
Q1. When can a petition for judicial separation be filed?
Ans – A husband and wife can apply for judicial separation anytime after marriage unlike a divorce petition (whereby they should have been married for at least 1 year). Once a decree of the judicial petition has been passed, there is no deadline for the couple not to stay together.
Q2. Can you petition for judicial separation by reason of cruelty?
Ans – The Court may Grant Judicial Separation on the following grounds: Cruelty – Either of the spouse or both are cruel to one another. Desertion – Either of the spouses is not alive and is missing for seven years or above. Adultery – Either of the spouses is being cheated upon by another spouse.
Q3. What is the time period for judicial separation?
Ans – The period of judicial separation is two years and gives time for introspection and resolving the matrimonial disputes and misunderstandings between the couple.
Petition by Wife for Judicial Separation Sample Format
In the Court of Ms…………………………….,Family Courts, District………………., New Delhi
Ms. ………………… Petitioner
versus
Mr. ………………… Respondent
In the matter of S.10 of the Hindu Marriage Act 1955, and in the matter of:
RESPECTFULLY SHWETH:
1. That at all material times and at present the parties to the proceedings were and are Hindu and so ruled by the Hindu Marriage Act 1955.
2. That on the …………… day of …………… the applicant was duly married to Mr………………at…………… and the said marriage was solemnized according to Hindu rites. (An extract from the Marriage Registrar or an affidavit duly attested to be filed).
3. That the following are the issues of the said marriage (name, date of birth, age and sex).
4. That ever since the said marriage and until the ………… day of ………… the applicant and the said Mr……………….cohabited and lived as husband and wife at. ………… when he withdrew himself from the society of applicant without any probable or reasonable cause and thereby deserted her to all purposes and intents.
5. That from and soon after the marriage the said Mr………………habitually and with very few exceptions conducted himself towards the applicant with severe cruelty and harshness by abusing her in most filthy language (state particulars of cruelty).
6. That applicant has not in any way been party to or connived at or condoned any of the said acts of Mr………….
7. That the said Mr……………also maliciously, falsely charged the applicant as having committed adultery, abused the applicant in several manners and treated the applicant with such cruelty as cause a reasonable fear in the mind of the applicant that it will be most harmful /injurious for the petitioner to live further with the said Mr………..
8. That there were no prior proceedings between the parties and there is no collusion between the applicant and Mr………… relating to the subject-matter of present petition.
9. That this court has jurisdiction to entertain this application as the marriage was celebrated at (the parties reside or last resided within the jurisdiction of this court).
The applicant therefore prays for a decree for judicial separation between the applicant and the said Mr…………………
Petitioner’s Signature.
Verification
I, Ms…………, daughter of …., and wife of Mr…………….aged about ………… years by occupation housewife residing at………… do hereby solemnly affirm and say as follows:
I am the petitioner above-named and I know and I have made my acquainted with the facts and circumstances of this case.
The statements in paragraphs 1 to 9 are true to my knowledge and belief.
I sign this verification on this ………… day of…………… at the Court House at……………
Petitioner’s Signature.
