Sample Divorce Petition Draft

IN THE FAMILY COURT AT _________, DELHI
HMA PETITION NO. ____ OF 20__

IN THE MATTER OF:

Smt. [Petitioner’s Name],
D/o [Father’s Name],
Aged __ years,
Resident of [Address],
…Petitioner

VERSUS

Sh. [Respondent’s Name],
S/o [Father’s Name],
Aged __ years,
Resident of [Address],
…Respondent

PETITION UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE ON THE GROUND OF CRUELTY

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner and the Respondent were lawfully married on [Date] at [Place of Marriage] according to Hindu rites and ceremonies. A copy of the marriage certificate is annexed herewith and marked as Annexure A.
2. That the parties are Hindu by religion and are governed by the provisions of the Hindu Marriage Act, 1955.
3. That after the marriage, the parties resided together as husband and wife at [address] and the matrimonial home was established in Delhi. Out of the said wedlock, the couple is blessed with [number] child/children: [Name(s) and age].
4. That since the month of [month/year], the Respondent started treating the Petitioner with cruelty—verbally abusing, mentally harassing, and often physically assaulting her on trivial issues. The Petitioner bore such cruelty for the sake of marital peace and family reputation.
5. That on or about [specific date or incident], the Respondent physically assaulted the Petitioner, causing injuries. A complaint was lodged at [Police Station Name], being complaint No. ____. The Petitioner reserves her right to produce the FIR and medical reports at the time of evidence.
6. That the cruelty was continuous, causing mental agony and trauma to the Petitioner, making it unsafe and improper for her to continue cohabiting with the Respondent. There exists a reasonable apprehension that continued marital life would be injurious to her mental and physical health.
7. That there is no collusion or connivance between the Petitioner and the Respondent in filing this petition.
8. That the Petitioner claims maintenance/alimony of ₹____ per month from the Respondent for her sustenance and that of the child (if any), in accordance with the law.
9. That no other petition for dissolution of marriage between the parties is pending before any other Court.
10. That the cause of action arose in Delhi, where the marriage was solemnized and the parties last resided together; hence this Hon’ble Court has the jurisdiction to try and entertain this petition.
11. That the Petitioner, being a woman, is exempted from paying court fees under the Court Fees Act.

PRAYER

In view of the above facts and circumstances, the Petitioner most respectfully prays that this Hon’ble Court may kindly be pleased to:

1. Decree the dissolution of marriage between the Petitioner and the Respondent under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the ground of cruelty;
2. Grant permanent maintenance/alimony of ₹______ per month in favour of the Petitioner;
3. Direct the Respondent to bear the litigation cost incurred by the Petitioner;
4. In the alternative, direct the Respondent to pay a lump sum amount of ₹_________ to enable the Petitioner to secure suitable accommodation and meet her daily expenses;
5. Grant interim maintenance/relief during the pendency of this petition under Section 24 of the Hindu Marriage Act;
6. Pass such other and further order(s) as may be deemed fit and proper in the facts and circumstances of the case.

Drawn by:
Mr. Suresh Gupta
Advocate, Divorce Lawyer Delhi
Enrollment No. _________
Chamber: Rohini District Courts, Delhi

Filed by:
[Petitioner’s Signature]
[Date]

VERIFICATION

I, [Petitioner’s Name], the Petitioner above-named, do hereby verify that the contents of this petition from paras 1 to ___ are true to my knowledge and those from paras ___ to ___ are based on legal advice, which I believe to be true and correct.

Verified at Delhi on this ___ day of ____, 20.

[Signature of the Petitioner]

Before me,
[Signature of Advocate]
[Stamp of Court]