Petition for Divorce (under section 13 Hindu Marriage Act 1955.

Petition for dissolution of marriage by a decree of divorce may be presented to the family court
of the distt. by wife(or husband), whether such marriage was solemnized before or after the
commencement of the Marriage Laws (amendment) Act, 1976, on the ground specified under
section 13 of the Act, after expiry of one year or more,

Essential ingredient of the petition:

To get a decree of divorce, the following conditions must be satisfied.

(i) marriage having been solemnised between the parties;

(ii) one year expired from the solemnization of marriage; (Note-- upon an application, the
court may entertain a petition for divorce before the expiry of the period of one year, if the
case is of exceptional hardship to the petitioner or of exceptional depravity on the part of
respondent).

(iii) both the party to the petition are Hindu; and

(iv) there is no collusion between the parties;

(v) there is no petition pending in any court of India regarding this marriage, if pending give
detail.

Affidavit for Divorce Petition under Section 13(1)(i) of Hindu Marriage Act on  the Ground
of Adultery.

Format of Affidavit for Divorce petition under Section 13(1)(i) of Hindu Marriage Act on
the ground of Adultery.

If the Husband engage in adultery, a Divorce Petition under Section 13(1)(i) of Hindu Marriage
Act, 1955 can be filed to get Divorce from the Party on the ground of adultery. A Separate
affidavit in the given format need to be filed with the Divorce petition.

Sample Format of Affidavit to be filed with Divorce Petition under Section 13(1)(i) of HMA is
given below: 
 IN THE COURT OF THE _____________ JUDGE AT _________

H.M.A. PETITION NO. __________ OF 20__

 

IN THE MATTER OF:

MRS. WI_________                                                                PETITIONER

 

VERSUS

MR. HU __________& ANR                                                      RESPONDENTS

 

AFFIDAVIT

I, Ms. _______________ Wife of _______________ Daughter of ___________ aged _________

years, presently residing at _________________________, do solemnly affirm and say as
follows:

1. That I am the Petitioner in the accompanying Petition under Section 13(1)(i) of Hindu
Marriage Act, 1955 and well acquainted with the facts of the case.

2. That I have gone through the contents of the accompanying Petition, I reaffirm the contents of
the Petition, which are not being repeated here, for the sake of brevity.

3. That, my marriage with the respondent was solemnised at ___________ , on _________ , as

per Hindu rites and ceremonies.

4. That, details laid out in the accompanying petition, with regard to my age, status and place of
residence of the petition before marriage and at the time of filing this petition, may be treated as
part of this petition.

5. That, no child was born out of the wedlock between the respondent and me.

6. That the respondent is guilty of committing adultery as the respondent is living with the co-
respondent and has failed to return to the matrimonial home.

7. That, the respondent has completely withdrawn from the company of the petitioner since the
aforementioned date.

8. That, the petition is not presented in collusion with the respondent.

9. That, there is no other legal ground why the relief should not be granted.
10. That, there has not been any unnecessary or improper delay in filing this petition.

11. That, there have not been any other previous proceedings between the parties.
 

Signed at ___________ this ___________ day of ___________20__

DEPONENT

VERIFICATION

I, the above named deponent do hereby verify on oath that the contents of the affidavit above are
true to my personal knowledge and nothing material has been concealed or falsely stated therein.

Signed and verified this _______ day of _______ 20 _______ at _______

DEPONENT

Solemnly affirmed and signed before me by the deponent, who is personally known to me, on
this the _____ day of ________ ,20__.

COUNSEL FOR THE DEPONENT

Section 13(1) in The Hindu Marriage Act, 1955

(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a
petition presented by either the husband or the wife, be dissolved by a decree of divorce on the
ground that the other party

(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any
person other than his or her spouse; or

(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately
preceding the presentation of the petition; or