As per Section 13 (1)(ia) of the Hindu Marriage Act 1955 - Voidable Marriages, Any marriage solemnised, 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 solemnisation of the marriage, treated the petitioner with cruelty.
Format of Petition for Decree of Divorce under Section 13(1)(ia) of Hindu Marriage Act 1955 is given below:
IN THE COURT OF THE _____________ JUDGE AT _________
MATRIMONIAL CASE NO. __________ OF 20__
IN THE MATTER OF:
MR. HU __________ RESPONDENT
PETITION FOR DECREE OF DIVORCE UNDER SECTION 13(1)(ia) OF HINDU MARRIAGE ACT, 1955
MOST RESPECTFULLY SHOWETH:
The Petitioner, above named states as under:
1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P-1.
2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under:
i) Place of residence before the Marriage
ii) Place of residence at the time of filing the Petition
3. That from the the marriage ______ couple has been blessed with one boy aged 3 years.
4. That the Petitioner and his wife were living together happily at the matrimonial house. That on _______ husband of the Petitioner has expelled the Petitioner after merciless beatings, when she questioned him about his drunken nature and misusing of money for drinking liquor with his friends.
5. The Petition has not in any manner necessary to or condoned the acts complained of or connived at, but the Respondent is treating the Petitioner with cruelty after immediately after two weeks of solemnization of the marriage.
6. The Petition is not being presented in collusion with the respondent.
7. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner.
8. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner.
9. That no litigation has taken place between the parties to the Petition earlier.
9. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court.
10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
P R A Y E R
That the Petitioner, therefore, prays:
a) for grant of decree of Divorce in favour of Petitioner and against the Respondent; and
b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.
I, WI, state on solemn affirmation that whatever contained in paragraphs
____ to Para No __________ of the Petition is true to my own knowledge and that
whatever contained in paragraphs No _____ to Para No ________ is based on
information received and believed to be true to me.
Signed and verified this _______ day of _______ 20 _______ at _______
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