As per Section 10 of Divorce Act 1869 (When husband may petition for dissolution) Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery. When wife may petition for dissolution. When wife may petition for dissolution.- Any wife may present a petition to the District Court or to the High Court, praying that her marriage may be dissolved on the ground that, since the solemnization thereof, her husband has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman; or has been guilty of incestuous adultery, or of bigamy with adultery, or of marriage with another woman with adultery, or of rape, sodomy or bestiality, or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et toro, or of adultery coupled with desertion, without reasonable excuse, for two years or upwards.
Contents of petition - Every such petition shall state, as distinctly as the nature of the case permits, the facts on which the claim to have such marriage dissolved is founded.
Sample format of Petition for Dissolution of Marriage under Section 10 and 34 of Divorce Act on the ground of adultery is given below:
IN THE COURT OF THE _____________ JUDGE AT _________
CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. WIF __________ RESPONDENT NO. 1
MR. SJ_____________ RESPONDENT NO. 2
PETITION BY HUSBAND FOR DISSOLUTION OF MARRIAGE WITH RESPONDENT UNDER DIVORCE ACT 1869
MOST RESPECTFULLY SHOWETH:
The Petitioner, above named states as under:
1. That the Parties to the petition were and are domiciled in India and Christian by faith and Religion.
2. That on _______ the Petitioner _______________ was lawfully married to WIF______, then ______BC, a spinster aged about _______ years at __________and the said marriage is still subsisting. Copy of the documents showing the marriage is attached herewith as Annexure P1.
3. That ever since his said marriage, the Petitioner lived and cohabited with his said wife from time to time at various places, viz ______________ and lastly at ___________in or about ________and the Petitioner. 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
4. The Petitioner and his wife had issue of this marriage, one girl childe aged 12 years and a boy aged 8 years.
4. That the Petitioner and his wife were living together happily at the matrimonial house. That on _______ there was a small dispute between the Petitioner and the respondent.
5. That during the three years immediately preceding ______ the day of ____ 20___ and _______ MR. SJ ______ Respondent No. 2, was constantly with a few exceptions, residing in the house of your petitioner ______at aforesaid, and that on diverse occasions during the said period, the dates of which are unknown to your petitioner, the said SJ___ in your petitioner's said house committed adultery with the said WIF__.
6. That No collusion or connivance exists between the Petitioner and Respondent for the purpose of obtaining a Dissolution of our said marriage or for any other purpose.
7. That the Petitioner has not condoned any of the acts of adultery on the part of the Respondent.
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.
10. 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.
11. 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 Dissolution of the marriage in favour of Petition and against the respondent; and
b) for issue of direction to Respondent No.2 to pay a sum of Rs. _____ to the Petitioner as damages by reason of having committed adultery with Petitioner's wife, such damages to be paid to the Petitioner, or otherwise paid or applied as to this Hon'ble Court deems fit; and
b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.
I, ________ s/o ______________ aged _____by occupation ____________ do hereby solemnly affirm and say as under:
I am the Petitioner in the above Petitioner and well conversant with the facts of the case.
The statements in the Paragraphs 1 to 11 of the Petition are true to my personal
knowledge belief and I have not suppressed any fact.
Signed and verified this _______ day of _______ 20 _______ at _______
Power of Attorney
Suits under Code of Civil Procedure
Format of Suit for Compensation for death due to negligence or physical disability due to negligence of others. The Suit can be filed before Competent Judge in Civil Court as per pecuniary Jurisdiction