Affirmation of marriage separation

Your unilateral declaration/affirmation in the above stated terms is of no use and purpose.

If your marriage has not worked out and you desire divorce, you have to visit a local lawyer, discuss things with him and then take the matter forward.

File an application for judicial separation before the district court within whose territorial jurisdiction you reside in. Mention the specific grounds on which you want judicial separation u/Section 9 of Hindu Marriage Act,1956.

I am attaching a draft copy of the petition you will require to submit at time of presentment of the same before the court. If there is any further change/insertion/amendment to the same, you may contact me at: basu_kunal@hotmail.com for redressal of your grievance.

Thanking you & kind regards

Advocate Kaybee

_________________x__x________________

     IN THE DISTRICT COURT OF_________ AT _____

OP No. _____ OF 20__

IN THE MATTER OF:

(Name)                                                                                ....PETITIONER

S/o: _________________________________________

R/o: _________________________________________

Age: _________________________________________

NEW DELHI

Versus

(Name)                                                                               ...RESPONDENT

D/o: __________________________________________

R/o: __________________________________________

Age: __________________________________________

NEW DELHI

PETITION FOR JUDICIAL SEPARATION U/SECTION 9 HINDU MARRIAGE ACT, 1956

MOST RESPECTFULLY SHEWETH

1. That both parties are Hindu at all times by religion and have got married under the Hindu Marriage Act, 1956.
2. That on THIS TENTH DAY of NOVEMBER 2014, the applicant was duly married to the Respondent at ___ (insert time) and that the marriage was solemnized per Hindu rites and customs thereof.
3. That a copy of the marriage certificate is herein extracted from the Marriage Register & placed as “Annexure P-1” to this petition.
4. That the following issues are birthed post-marriage (name the issues in bulleted form below, if any)
5. That soon after the marriage the petitioner was subjected to a variety of marital issues (state material particulars of problem).
6. That this applicant has, in no way condoned acts of the respondent & has at all times, attempted to reconcile their differences to save their marriage, but with no success therein.
7. That the Respondent’s conduct is of such a cruel nature that it would be injurious & deleterious for this Applicant to continue living with Respondent.
8. That no prior proceedings have been instated by either of the parties previously in this Court or any other competent court/judicial forum so as to operate as res judicata against the Petitioner.
9. That the Applicant affirms that there is no collusion between him & the Respondent in presenting the present petition for a decree of judicial separation before this Hon’ble Court.
10. That as the marriage was registered at _________ within the territorial jurisdiction of this Hon’ble Court thereto; the same can be entertained by this Court.

GROUNDS

This petition may be admissible before this Hon’ble Court on following grounds that this Petitioner may take up at time of presentment of his petition:

1. That it is injurious for this Petitioner to live with the Respondent for his own health & safety.

LIMITATION PERIOD

That the present petition has been submitted to this Hon’ble Court within the limitation period prescribed in the Hindu Marriage Act, 1956.

PRAYER

In the light of the following facts & circumstances so mentioned, this Petitioner seeks the following reliefs from this Hon’ble Court:

1. To pass an order of judicial separation in favour of this Petitioner & against Respondent so named u/Section 10 of 1956 Hindu Marriage Act.
2. To pass any other such order/directions/decrees, which this Hon’ble Court thinks or believes to be necessary for speedy administration of justice thereof.

Sd/-

(APPLICANT)

VERIFIED THIS ___________________ DAY OF _______ 20___ BY ME THAT THE CONTENTS OF SAID APPLICATION ARE TRUE & ACCURATE TO BEST OF MY KNOWLEDGE.

DATE: .....................................................................................

PLACE.....................................................................................

I, ___________________________ S/o______________ aged around _____ years old, do solemnly swear, affirm & state on oath:

1. That I am the person whose name appears on the present petition thereof.
2. That the present petition is being filed by me based on available facts & circumstances of the case.
3. That I have read and understood all averments mentioned by me at paras. (1)- (10) of the principal petition & grounds mentioned thereof.
4. That I have previously not filed any other application or petition either before this Hon’ble Court or other competent court/tribunal so as to operate as res judicata against me.

DATED AND VERIFIED THIS _____________ DAY OF _____, 20___ AT NEW DELHI.

DATE: ....................................................................................

PLACE: .....................................................................................

Marriage is bilateral acts and not uniliteral acts and you cannot Unatilerally act on yur own like the Americans, and say that it is over, as if Marriage is a foot ball game. Follow the expert opinion. You are lucky that Advocate Kaybee has even taken the trouble of provinding you the format of Divorce petition.All the best Engineer.

@N K Assumi Sir are you the same Mr. Assumi of SCBA? It's an honour to know you!