Introduction of Divorce Petition.
Divorce is the right way to solve problems when the problems between married husband and wife continue to become a big problem, but if there are children then the future welfare of those children should be taken into consideration in divorce cases.
If not there is a high chance of children’s mental health being affected later in life and a divorce petition may be chosen as an end to the problem between husband and wife.
How many types of divorce case?
There are two types of divorce proceedings in India, one is a contested case and the other is a mutual case.
What should be considered for filing divorce case?
If we are going to file a divorce case then it should contain valid grounds for divorce. The divorce petition should also clearly state what solution is required based on that reason.
Only when a petitioner has a clear cause and solution can the next procedure be implemented in a divorce case unless proper solution is taken then the case will not go on the right track.
Is it possible to divorce without reason?
Divorce cannot be done without cause because to separate someone there must have been some reason and the categories for that reason are clearly stated in the Indian Divorce Act and divorce can be obtained only on that basis.
Divorce petition model?
Let me give you an example of how a divorce petition looks like a divorce petition filed in court.
This is a sample divorce petition in which the petition is prepared as if the concerned woman were to file a divorce case.
Aggrieved Petitioner will file Divorce Petition Respondent is victim’s husband who is addicted to drugs and is filing divorce case due to family problem Let’s continue to know.
For important reasons, I have hidden information such as the case number, address, court where the case is taking place, and I have posted only the reasons given in the case and after reading it, you will get a clear understanding of the divorce case.
Petition model.
BEFORE THE HONOURABLE FAMILY JUDGE AT XXXXXXXXXXXXXXX
D.O.P. No: /2023
Between:
A. Ancy
D/o.xxxxx : Petitioner
And
J.Viju
S/o. xxxxx : Respondent
ADDRESS FOR SERVICE ON THE PETITIONER:
A.Ancy, D/o. XXXXX, aged 23, Christian, residing at XXXXX, XXXXX, XXXXX Post, XXXXXX Village, XXXXXTaluk, XXXXX District.
ADDRESS FOR SERVICE ON THE RESPONDENT:
J.Viju, S/o. XXXXX, aged 36, Christian, residing at XXXXX, XXXXX, XXXXX XXXXXX, XXXXXX Post, XXXXXXXX Village, XXXXXXX Taluk, XXXXXX District.
PETITION filed under section 10 (1) (x) of the Indian Divorce Act 1869 (Amendment) Act 2001, r/w section 7(a) of the Family Courts Act 1984.
The petitioner above named humbly submits as follows:
1) The petitioner and respondent belonging to Christian religion. The marriage between the petitioner and respondent was solemnized on 31.01.2015 at xxxx Church of India, Church in xxxxxx, xxxxx Taluk, under Christian rites and culture.
2) At the time of marriage the age of the petitioner is ninteen. It was a love marriage arranged by the elders of respondent family, the petitioner wore 10 sovereign of jewels in the marriage. After the marriage the petitioner started living with the respondent at the matrimonial house of the respondent. Soon after the marriage itself the respondent insisted the petitioner to get additional dowry from her parents, since it was a love marriage the petitioner had not ask any dowry from her parents. After 20 days of the marriage the petitioner came to know that the respondent is a drug addict and also having drinking, smoking and chewing tobacco habits. The respondent used to inject pain relief medicine named Spxxxxx Pxxxxx as drug. The petitioner as a dutiful and caring wife requested and not allowed him to take injection, but the respondent unheard her words and brutally attacked her many occasions, so the petitioner was kept quiet and rolled her life with pain and sufferings.
3) Due to the wedlock a male baby named Babu was born on 02.11.2015. after the birth of the child the respondent gone worst than before that is the respondent has not go for work for their daily needs, the petitioner and his son was feed by the respondent’s father named xxxxx, the petitioner has taken many steps to recover the respondent to be a normal man but the respondent started beating the petitioner with hand and cane, the respondent never showed any love or mercy towards the petitioner as well as the child. The respondent is always in drunken mood harassing the petitioner by demanding additional dowry from her parents.
4) On 17.11.2016 the respondent was admitted in the hospital for the treatment of Epilepsy disease which was caused due to over dosage of taking Spxxxxx Prxxxxx medicine, the petitioner look after the respondent with care and nursing. But after the recovery from the treatment the respondent started continuing his routine habits and further he borrowed money from some money lenders for interest and had not repaid the money to them, the money lenders used to come to the matrimonial house and make noise against the respondent as well as the petitioner to return the money. The respondent spend the borrowed money lavishly for his drug use only, he has not spend the even a single rupee for the petitioner or his child. When it was questioned by the petitioner, the petitioner was treated with physical violence by causing injury, which drive the petitioner to commit suicide many times, but for the wellness of her child she bearded all the atrocities of the respondent, the petitioner rolled out two years life with disappointment, frustration and deep anguish, the respondent has not changed his behavior, the respondent has not fulfilled any duties or obligations in the matrimonial life with the petitioner.
5) Due to the continue torture and cruelty the petitioner felt that continuing the life with the respondent will cause danger to the life and limb of the petitioner. So the petitioner on 12.12.2017 walked out to her parents house to live a safety life with her son, but the respondent often came in front of petitioner’s
parents house in a drunken mood abusing the petitioner’s character by saying “immoral women” in the public and threatening her parents. The petitioner beared all the pains given by the respondent for the welfare of his 5 years child, the petitioner is now under the care and concern of her parents.
6) Now the petitioner is living separately from the respondent for the past three years (i.e.) from 12.12.2017 onwards, in her parents house at XXXXXX, XXXXX Post, XXXXXX District, there is no possibility of reunion with the respondent, the respondent is not changed his behavior living with the respondent may cause danger to the life and limb of the petitioner, so the petitioner is decided to file a petition for dissolving the marriage held between petitioner and respondent on 30.01.2015 at XXXX Church, XXXXXX, XXXXX, XXXXX Taluk, XXXXX District.
7) The petitioner humbly submits that on several occasions the petitioner and the well-wishers of the petitioner’s family members approached the respondent for reunion in matrimonial house. But all the effort went in vain. Hence there is no other alternative to this petitioner except to approach this Honourable Court for divorce. Hence this petition is filed before this Honourable Court.
8) There is no collusion or convince between the petitioner and respondent in filling this petition before this Honourable Court.
9) No other similar petition for divorce has been filed by these petitioners either before this Honourable Court or before any other court.
10) The cause of action for the petition arose on 31.01.2015 i.e. the date of marriage between the petitioner and respondent and on 12.12.2017 i.e. the date on which the petitioner came out from the matrimonial life and living with her parents. Since the marriage took place at XXXX Church, XXXXXX, XXXXX, XXXXXTaluk.
Taluk, xxxxx District which is within the jurisdiction of this Honourable Court.
11) A court fee Rs.50/- is paid under schedule II, Article 11(i) (ii) of Tamil Nadu Court fees and suits valuation Act XIV of 1955 r/w Tamil Nadu, Amended Act 17/2003 and 6 of 2017.
Therefore it is most humbly prayed that his Honourable Court may be pleased to grant a decree in favour of the petitioner as follows:-
RELIEFS
A. Decree for dissolving the marriage solemnized between the petitioner and respondent on 31.01.2015 at xxxx Church,
B. For such other reliefs this Honourable Court deems fit and proper in the nature and circumstances of the case.
LIST OF DOCUMENTS
| 1. | 02.01.2015 | Marriage Invitation | Original |
| 2. | 31.01.2015 Certificate of marriage | Original | |
| 3. | – | Family Card | Xerox |
| 4. | – | Aadhar card of the petitioner | Xerox |
| 5. | 14.01.2016 Birth Certificate of a child | Xerox | |
| 6. | – | Marriage Photo |
Divorce cases are filed in courts as I have written above.
There are many reasons for divorce in this case. They are the husband being addicted to drugs, the husband not taking proper care of his wife, not taking care of the child.
Can divorce be granted immediately if there are valid reasons?
Regardless of the reasons, judgments will not be passed without proper investigation, if a case is filed it will be heard and then judgment will be given.
Conclusion.
If the divorce case is in a practice that can be completed quickly, the mutual matter ends quickly because in this case, the petitioner and the respondent come to a conclusion, so it does not require a trial, but in contested divorce cases, both parties have to conduct a trial, thus there are delays, even if the reasons are stated correctly and it is proved in the trial, those cases will be completed quickly. The sample petition I have given above will definitely be useful for you to understand this divorce case.