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PETITION BY HUSBAND FOR A DISSOLUTION OF MARRIAGE WITH DAMAGES AGAINST CO-RESPONDENT, BY REASON OF ADULTERY

September 21, 2011 Leave a comment

PETITION BY HUSBAND FOR A DISSOLUTION OF MARRIAGE WITH DAMAGES AGAINST CO-RESPONDENT, BY REASON OF ADULTERY
(Sections 10 and 34)

In the (High) Court of ………

To the Hon’ble Mr. Justice …….or To the Judge of ……..

The …..day ….. of 19 ……

The petition of A.B. of ……….

Sheweth,

1. That your petitioner was on the ….day of,……… one thousand nine hundred and ……lawfully married to C.B., then C.D., spinster at ….. (a)

2. That from his said marriage, your petitioner lived and cohabited with his said wife at……. and at …., in ….. and lastly at ……, in……………., and that your petitioner and his said wife have had issue of their said marriage, five children, of whom two sons only survive, aged respectively twelve and fourteen years.

3. That during the three years immediately preceding …… the day of …. one thousand nine hundred and …….X.Y. 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 C.B. in your petitioner’s said house committed adultery with the said X.Y.

4. That no collusion or connivance exists between me and my said wife for the purpose of obtaining a dissolution of our said marriage or for any other purpose.

Your petitioner, therefore, prays that this (Hon’ble) Court will decree a dissolution of the said marriage, and that the said X.Y. do pay the sum of rupees, 5,000 as damages by reason of his having committed adultery with your petitioner’s said wife, such damages to be paid to your petitioner, or otherwise paid or applied as to this (Hon’ble) Court seems fit.

(Signed) A.B. (b).

Form of Verification

I, A.B., the petitioner named in the above petition, do declare that what is stated therein is true to the best of my information and belief.

(a) If the marriage was solemnized out of India, the adultery must be shown to have been committed in India.

(b) The petition must be signed by the petitioner

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