Indian Divorce Act, 1869
NO. 1-PETITION BY HUSBAND FOR A DISSOLUTION OF MARRIAGE
WITH DAMAGES AGAINST CO-RESPONDENT, BY REASON OF ADULTERY/p>
(Sections 10 and 34)
In the (High) Court of .......................
To the Hon'ble Mr. Justice ...................or To the Judge of ......................
The .............day ............. of 19 ..................
The petition of A.B. of ..............................
Sheweth,
1. That your petitioner was on the ............day of,....................... one
thousand nine hundred and ..................lawfully married to C.B., then C.D., spinster
at ............. (a)
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
issue of their said marriage, five children, of whom two sons only survive,
aged respectively twelve and fourteen years.
3. That during the three years immediately preceding .............. the
day of .......... one thousand nine hundred and .................X.Y. was constantly with a few
exceptions, 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 C.B. in your petitioner's said house
committed adultery with the said X.Y.
4. That no collusion or connivance exists between me and my said
wife for the purpose of obtaining a dissolution of our said marriage or for any
other purpose.
Your petitioner, therefore, prays that this (Hon'ble) Court will
decree a dissolution of the said marriage, and that the said X.Y. do pay the
sum of rupees, 5,000 as damages by reason of his having committed adultery with
your petitioner's said wife, such damages to be paid to your petitioner, or
otherwise paid or applied as to this (Hon'ble) Court seems fit.
(Signed) A.B. (b).
Form of Verification
I, A.B., the petitioner named in the above petition, do declare
that what is stated therein is true to the best of my information and belief.
(a) If the marriage was solemnized out of India, the adultery must be
shown to have been committed in India.
(b) The petition must be signed by the petitioner.