Schedule Of Forms 169 - Legal Draft
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The Indian Divorce Act, 1869
Schedule of Forms
No.1.- PETITION BY Husband for a dissolution of marriage with damages against co-respondent, by reason of adultery.
(See sections 10 and 34)
In the (High) Court of
To the Hon’ble Mr. Justice [or To the Judge of].
The ................. day of .............. (month) 20 ............
The petition of ............ of
Showeth 1. That your petitioner ................. was on the ............................. day of ................... Two thousand and ........... lawfully married to ........... then ..................... spinster at ..................
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 issues of their said marriage. Three children of whom two sons only survive aged respectively ten and thirteen years.
3. That during the three years immediately preceding the ................... day of one thousand nine hundred and ................ .................... was constantly with a few expectations, 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 ................ in your petitioner’s said house committed adultery with the said ....................
4. That no collusion or connivance exists between your petitioner and his said wife for the purpose of obtaining a dissolution of their said marriage or for any other purpose.
Your petitioner, therefore, prays that this (Hon’ble) Court may decree a dissolution of the said marriage and that the said ................ to pay the sum of Rupees ........ as damages by reason of his having committed adultery with your petitioner’s said wife, such damages to b paid to your petitioner, or otherwise paid or applied as to this (Hon’ble) Court seems fit.
3. That during the three years immediately preceding the ................... day of one thousand nine hundred and ................ .................... was constantly with a few expectations, 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 ................ in your petitioner’s said house committed adultery with the said ....................
4. That no collusion or connivance exists between your petitioner and his said wife for the purpose of obtaining a dissolution of their said marriage or for any other purpose.
Your petitioner, therefore, prays that this (Hon’ble) Court may decree a dissolution of the said marriage and that the said ................ to pay the sum of Rupees ........ as damages by reason of his having committed adultery with your petitioner’s said wife, such damages to b paid to your petitioner, or otherwise paid or applied as to this (Hon’ble) Court seems fit.
(Signed) .......................(b) - The petition must be signed by the petitioner.
Form of Verification
I, ................. the petitioner named in the above petition, do declare that what is stated therein is true to the best of my information and belief.
No. 2. - Respondent’s statement in answer to No. 1
In the Court of ..................................................................... the .................... day of .............................................. Between ................... Petitioner, ............................... ..................... Respondent and ................................................................................ ................... co-respondent.
...............
the respondent by ............ her attorney (or vakil) in answer to the petition of ............ says that she denies that she has no diverse or any occasion committed adultery with ................ as alleged in the third paragraph of the said petition.
[Therefore the respondent prays that this (Hon’ble) Court may reject the said petition.
(Signed) .............
No. 3. - Co-respondent’s statement in answer to No. 1
In the (High) Court of...........day of.........
Between
.............. ...Petitioner,
.............. ... respondent
And
............. ... co-respondent.......
.., the co-respondent, in answer to the petition filed in this cause, said that he denies that he committed adultery with the said .............................. as alleged in the said petition.
Therefore, the said ....................... prays that this (Hon’ble) Court may reject the prayer of the said petitioner and order him to pay the costs of and incident to the said petitioner.
(Signed) ............
No. 12. - Petition for Alimony pending the suit
(See section 36)
In the (High) Court of
...............
. against ............
To the Hon’ble Mr. Justice............................ [or To the Judge of]
The ...............day of 20.........
The petition of ............, the lawful wife of ..............
Showeth. 1. That the said ............. has for some years carried on the business of ............, at ........... and from such business derives the net annual income of from Rs. ...... to .........
2. That the said ............... is possessed of place, furniture, linen and other effects at his said house, ................ aforesaid, all of which he acquired in right of your petitioner as his wife, or purchased with money he acquired through her, of the value of Rs. ..........
3. That the said .............., is entitled, under the will of his father, subject to the life interest of his mother therein to property of the value of Rs. .......... or some other considerable amount.
Your petitioner therefore, prays that this Hon’ble Court may decree such sum or sums of money by way of alimony, pending the suit, as to this (Hon’ble) Court may deem fit.
3. That the said .............., is entitled, under the will of his father, subject to the life interest of his mother therein to property of the value of Rs. .......... or some other considerable amount.
Your petitioner therefore, prays that this Hon’ble Court may decree such sum or sums of money by way of alimony, pending the suit, as to this (Hon’ble) Court may deem fit.
(Signed)..................
Form of Verification : See Model Form No. 1
Form of Verification : See Model Form No. 1
No. 13 - Statement in answer to No. 12
In the (High) Court of
...............
. against .................
A.B. of ....................., the above named respondent, in answer ................. to the petition for alimony pending the suit, of C.B., says -
1. In answer to the first paragraph of the said petition, I say that I have for the last two years carried on the business of ......................... at............................. and that, from such business, I have derived a net annual income of Rs. 4,000 but less than Rs. 8,000.
1. In answer to the first paragraph of the said petition, I say that I have for the last two years carried on the business of ......................... at............................. and that, from such business, I have derived a net annual income of Rs. 4,000 but less than Rs. 8,000.
2. In answer to the second paragraph of the said petition, I say that I am possessed of plate, furniture, linen and other chattels and effects at my said house aforesaid, of the value of Rs. 10,000 but as I verily believe of no larger value. And I say that a portion of the said place, furniture and other chattels and effects of the value of Rs. 2,500, belonged to my said wife before out marriage, but the meaning portions as hereinbefore set forth, I am not possessed of the plate and other effects as alleged in the said paragraph of the said petition and that I did not acquire the same as in the said petition also mentioned.
3. I admit that I am entitled under the will of my father, subject to the life interest of may mother therein, to property of the value of Rs. 6,000 that is to say, I shall be entitled under my said father’s will, upon the death of my mother, to a legacy of Rs. 10,000 out of which I shall, have to pay to my father’s executors the sum of Rs. 3,000 the amount of a debt owing by me to his estate and upon which debt I am now paying interest at the rate of five per cent per annum.
4. And, in further answer to the said petition, I say that I have no income whatever except that derived from my aforesaid business, that such income, since my said wife left me, which she did on the................ day of ..................... last, has been considerably diminished and that such diminution is likely to continue. And I say that out of my said income, I have to pay the annual sum of Rs. 200 for such interest as aforesaid to my late father’s executors, and also to support myself and my two eldest children.
5. And in further answer to the said petition, I say that, when my wife left, my dwelling house on the ..................... day of ................. last, she took with her, and has ever since withheld and still withholds from me, plate, watches and other effects in the second paragraph of this my answer mentioned of the value of, as I verily believe Rs. 800 at the least; and I also that, within five days of her departure from my house as aforesaid, my said wife received bills due to me from certain lodgers of mine, amounting in the aggregate to Rs. .........................., and that she has ever sine withheld and still withholds, from me the same sum.
3. I admit that I am entitled under the will of my father, subject to the life interest of may mother therein, to property of the value of Rs. 6,000 that is to say, I shall be entitled under my said father’s will, upon the death of my mother, to a legacy of Rs. 10,000 out of which I shall, have to pay to my father’s executors the sum of Rs. 3,000 the amount of a debt owing by me to his estate and upon which debt I am now paying interest at the rate of five per cent per annum.
4. And, in further answer to the said petition, I say that I have no income whatever except that derived from my aforesaid business, that such income, since my said wife left me, which she did on the................ day of ..................... last, has been considerably diminished and that such diminution is likely to continue. And I say that out of my said income, I have to pay the annual sum of Rs. 200 for such interest as aforesaid to my late father’s executors, and also to support myself and my two eldest children.
5. And in further answer to the said petition, I say that, when my wife left, my dwelling house on the ..................... day of ................. last, she took with her, and has ever since withheld and still withholds from me, plate, watches and other effects in the second paragraph of this my answer mentioned of the value of, as I verily believe Rs. 800 at the least; and I also that, within five days of her departure from my house as aforesaid, my said wife received bills due to me from certain lodgers of mine, amounting in the aggregate to Rs. .........................., and that she has ever sine withheld and still withholds, from me the same sum.
(Signed) ..........................