Legal Legal Law

How to File and Draft a Divorce Petition?

The divorce/dissolution petition is filed in the court by a spouse who seeks a divorce. The filing spouse is called the “complaint” in some states, otherwise to be called the petitioner. The divorce petition is the formal application before the honorable court informing the court of the desire to end the marriage and the initiation of the divorce process.

The Format of Divorce Petition

The formats vary from state to state; the divorce/dissolution petition shall contain the following information:

• Souse details: Spouses by name and address;
• Marriage details: Date and place of marriage;
• Child out of wedlock: Identification of children out of wedlock.
• Place of cohabitation: Acknowledgment that both the parties have lived in the state or county for a certain period of time prior to filing the petition;
• Grounds for divorce: The reasons for such a dispute over marriage;
• Court fee: Differs based on the gender of the petitioner i.e. free for females a petitioner.
• Prayer: Details about the alimony, cost bearer of a legal suit, child custody, such other request before honorable court.

Place of Divorce Petition to be filed

• Place where marriage has been solemnized.
• Place where both husband and wife last resided together.
• Place where the wife is residing at the time of filing of the Petition before the honorable court.

How to Draft a Divorce Petition?

The petition for divorce can be drafted in general by detailing the facts in the following sequence:

1. Court

Firstly, mention the court where the application for divorce is to be filled, usually, it is before the honorable family court.

2. Matter

Thereafter mention in which matter it has been filed say for e.g. following:

1. In the matter of dissolution of marriage under Section 13 of the Hindu Marriage Act, 1956, or/and
2. In the matter of Divorce of the Petitioner with the Respondent on grounds of cruelty or/and
3. In the matter of the Family Courts Act, 1954, or/and.

3.

Give space for case number (as it will be given by the court clerk) and mention year.

4. Details of parties to the application

Provide name and address of the petitioner and defendant or compliant and defendant as the case may be.

5. Facts of the matter

The facts of the cases which shall include following and in a given manner:

Marriage details: Detail about the date, place where the marriage has been solemnized and by the tradition followed in the marriage, say Hindu Vedic, Christian or as the case may be. Also, attach the proof of marriage, say certificate of marriage, if that is not there then a photograph of marriage.

The religion of parties to the dispute is also mentioned.

Details of involved parties: Provide the reason for dispute, it can be started with the time duration they lived together and cohabited and so on, also detail about the birth of child if any out of the wedlock or adopted or such any other manner related to the concerned parties and also detail the age of child, what is the present situation, like who is maintain the child living costs and such other responsibilities.

Dispute details: Detail about the actual reasons which made the complainant /petitioner approached the court say ill-treatment, and the period of such ill-treatment, physically assault, prolongers of such behavior, what made the petitioner not to take the resort to his/her legal rights, usually the Petitioner does not complain and underwent such ill-treatment, hoping that the Defendant would see better sense.

What was the triggering point which made things impossible for the petitioner/complainant to tolerate such behavior and what was the immediate action taken by the petitioner like did he/she filed any complaint to the Police Station, if yes then give details of complaint No. and attach the complaint copy?

In case the petitioner /complainant got hospitalized due to such an act of the defendant then, attach the hospitalization or such other related documents.

In case of repetition of such an act by the defendant mention that along with the evidence if possible.

Basically, the petitioner is required to put up all such reasons, acts, omission, incident or such cruel and violent manner of treatment made an apprehension in the mind of the Petitioner that it will be harmful and injurious for the Petitioner to continue to live with the respondent. Ultimately to mean that there exists no collusion or connivance between the Petitioner and the Respondent in filing this Petition.

6. Alimony

The Petitioner is required to mention the claiming alimony in figure and words.

7. Any other proceedings filed apart from this in this Honorable Court or in any other Court in India

No other proceedings with respect to the marriage between the Petitioner and the Respondent should be filed if already filed then mention the effect the same to the present matter.

8. Court fee

In case the Petitioner is a lady then is exempt from payment of Court fees.

9. Prayer

One should be very clear in mind before putting up the Prayer before the court, usually, it asks for the following:

1. To grant the decree a dissolution of the said marriage between the Petitioner and the Respondent;
2. That the Petitioner be granted alimony @ Rs. _______/- per month;
3. That the Respondent be ordered and decreed to pay the costs of this Petition; and
4. Or can ask for such further and other reliefs as the nature and circumstances of the case may require.

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