Format of Petition

By | September 24, 2016
petition

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ORIGINAL PETITION

 FACTS:

  1. Mohan Reddy and Saraswathi both having married to each other, lived happily for about two years after the marriage, but since one year S. Mohan Reddy, was subjecting his wife to both physical and mental cruelty.

In the circumstances, Saraswathi submits that it has become undesirable and impossible for her to live with her husband Mohan Reddy, Saraswathi seeks a decree for judicial separation.

Draft a petition for Sujatha

In the Family Court Judge, Tirupati

MARRIAGE O.P. No. 17/2011

 Smt. Saraswathi                                                                                 ………. Petitioner

Vs.

Mohan Reddy                                                                                       ………. Respondent

Petition filed on behalf of the petitioner under Hindu Marriage Act.

Name of the Petitioner

Smt. Saraswathi, W/o S. Mohan Reddy, Hindu aged about 30 years house wife residing at 17-6-93, Brahmin Street, Tirupati.

The address of the petitioner for the service of notice etc. is as stated above and also care of her counsel. Smt. V. Geetha, Advocate, Tirupati.

Name of the Respondent: S. Mohan Reddy, S/o. Raja Reddy, Hindu aged about 32 years, Doctor by Profession, residing at 8-3-97, G.S. Mada Street, Tirupati. The address of the respondent for the service of notices etc. is as stated.

The petitioner submits that she is legally married wife of the respondent. This marriage was celebrated in the year 2008 at Tirupati. At the time of marriage the petitioner‟s parent‟s gave 25 thulas of gold and Rs. 2,00,000/- in cash as dowry to the respondent. The marriage was consummated immediately.

The petitioner submits that, she is the legally married wife of the respondent. Their submits that respondent has started his nursing home at Reddy & Reddy colony and gained good reputation and were happy for 2 years i.e., since 2011 his life started to have ups and downs.

The petitioner submits that the respondent slowly cultivated the bad habits and became share to alcohol and used to have ephedrine etc. So have slowly began to lose his sexual potency and attach become a total impotent. When he has been taken to Appolo Hospital, Madras, the doctors have concluded that he lost his potency because of excessive narcotic drugs and alcohol. The respondent became frustrated in his life. He gave up his practice slowly the petitioner sold her jewels to maintain the family. Her parents also helped to some extent.

The petitioner submits that because of inferiority complex the respondent started to suspect the character of the petitioner. He used to abuse her with vulgar and filthy words that, she had illegal connections with others. He used to abuse her even, if beggar stands infront of the house, as the beggar is awaiting for her. She tolerate all these mental torture added to this the respondent used to put cigarettes on her breast thighs and other private parts and burn them. He enjoys her screamings. Sometimes he gaged her mouth with cloth and subject her to physical cruelty.

The petitioner further submits that on 10.02.2011 he made her naked put the blade on her left breast and applied chillies powder on the wound she cried loudly apprehending danger and her neighbor and her mother-in-law came there and saved her from the clutches of the respondent than on 11.02.2011 she came away to her parents house. She apprehends danger to her parents house also. She apprehends danger to her life in the hands of the respondent and it is impossible for her to live with such sadistic husband. Hence the petition for Judicial separation Filed.

The cause of action for this petition for Judicial Separation arose on 01.02.2003 the date of marriage and also 10.02.2011 when she frightened of her life ran away to her parents house continues de divindum with the jurisdiction of this hounourable court.

The value of the petition for the purpose of court fee is of Rs. …….. Net and fixed court fee of Rs. 10/- paid V/Sec of A.P.C.F. & S.V. Act.

The petitioner submits that no similar petitioner has been filled so far before any court.

Prayer

The petitioner therefore prays that the honourable court may be pleased to pass an order and decree.

(a) Declare that the marriage has been dissolved by judicial separation.

(b) Direct the respondent to pay cost of the petition. And pass such others and further orders as it deem fit and proper in the circumstances of the case.

 

Advocate for petitioner                                                                                           Petitioner

VERIFICATION

I, the petitioner do here by declare that the facts state above are true and correct to the best of my knowledge and belief and signed this verification on this the 25.02.2011 at Tirupati.

LIST OF DOCUMENTS

1) 01.02.2008 marriage invitation card.

2) Doctor prescription with wound certificate.

Author: Mayank Shekhar

Mayank is a student at Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.