Introduction

Marriage as an institution has been the subject of great judicial scrutiny since long. The judicial provisions dealing with marriage
and its various aspects are under close scrutiny while they continue to threatene the privacy of this institution . As per studies
conducted in Mumbai and Delhi, 40 % of marriages are heading towards divorce. There are also cases of misuse of provisions
like Section 498A of the Indian Penal Code, Protection of Women from Domestic Violence Act, Section 125 Criminal Procedure
Code, Guardianship Laws to name a few.
The Family Courts Act, 1984 was part of the trends of legal reforms concerning women. The Act was expected to facilitate
satisfactory resolution of disputes concerning the family through a forum expected to work expeditiously in a just manner and
with an approach ensuring maximum welfare of society and dignity of women and children born out of the wedlock.
The main purpose behind setting up these Courts was to take the cases dealing with family matters away from the intimidating
atmosphere of regular courts and ensure that a congenial environment is set up to deal with matters such as marriage, divorce,
alimony, child custody etc.
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Links to the Bare Acts on Family laws-

 Anand Marriage Act,1909

 Arya Marriage Validation Act,1937
 Commission of Sati (Prevention) Act,1987
 Dissolution of Muslim Marriages Act,1939
 Dowry Prohibition Act,1961
 Family Courts Act,1984
 Foreign Marriage Act,1969
 Foreign Marriage Act,1969
 Guardians and Wards Act,1890
 Hindu Adoptions and Maintenance Act,1956
 Hindu Marriage Act,1955
 Hindu Minority and Guardianship Act,1956
 Hindu Succession Act,1956
 Indian and Colonial Divorce Jurisdiction Act, 1940
 Indian Christian Marriage Act,1872
 Indian Divorce Act,1869
 Kazis Act,1880
 Maternity Benefits Act,1961
 Matrimonial Causes (War Marriages) Act 1948
 Muslim Personal Law (Shariat) Application Act,1937
 Muslim Women (Protection of Rights on Divorce) Act,1986
 National Commission for Women Act,1990
 Protection of Women From Domestic Violence Act,2005
 Special Marriage Act,1954
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Agreement Between Husband and Wife for Separation and Maintenance

THIS Deed of Separation and Maintenance made on the ___ day of____
BETWEEN
Sh.____, S/o_____, R/o ___________ (hereinafter called "the husband') which expression shall unless the context so requires
including his successors, executors and administrators of the one part
AND
Smt.____, W/o_____, R/o ____________ (hereinafter called "the wife") which expression shall unless the context so requires
including her successors, executors and administrators of the other part.
WHEREAS owing to mutual differences between husband and wife they have consented mutually for living separately from each
other and entering into arrangement for sustenance per terms hereinafter stated.
NOW BY THIS DEED THE PARTIES HERETO MUTUALLY AGREE AS UNDER:
1. The husband shall be paying allowance of Rs.____ to the wife with in her life term for her maintenance and sustenance for
their children on the 1st day of each month in advance. However, this enactment will be available on her living chaste life and
obeying conditions/terms stated herein.
2. The wife shall always after it be sole custodian/control of children with their education and bringing up in their minority or till
they are married.
3. After date of this agreement, the wife shall pay and discharge all debts/liabilities as incurred by her. The wife undertakes in
keeping the husband, compensated there from. if husband has to pay any such debts/liabilities he will be free in deducting same
from maintenance allowance of wife.
4. The wife shall not start any proceedings in ending of marriage against her husband excepting adultery on the husband’s part
and after date of this agreement. If husband does not pay the monthly allowance as aforesaid, the wife would be free to either
enforcing terms of this agreement or taking any proper legal step.
5. This deed shall be cancelled on expiry of the wife (or, expiry of either parties hereto).
IN WITNESS WHERE OF, the parties have executed this Agreement as of the date first above written.
Husband:
________________

Wife:
________________

Witnesses:
1.
2.
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Petition by Wife for Judicial Separation on the Ground of her Husband's Adultry

(See section 22)

 In the Court of Ms..................................,Family Courts, District..................., New Delhi

Ms. ..................... Petitioner

versus

Mr. ..................... Respondent

The humble petition of Ms............................... of No. the wife of Mr........................ residing at..........
SHOWETH:
1. That on the............ day of............ your petitioner, then .......................... (maiden name) was legally married to
respondent ............. lived /cohabited at ............ and ............ and the said marriage is still subsisting.
2. That ever since the said marriage, your petitioner and the respondent Ali lived/cohabited at............ and they have the following
issue living of their said marriage.(State the respective ages of the children).
3. That on various occasions between the month of............ and the month of............ the respondent as staying at............
committed adultery with one .............. who was then serving ...... and petitioner at their said residence aforesaid against the
wishes and despite of protest from your petitioner.
4. That petitioner has not condoned any acts of adultery by the respondent.
5. That there is no connivance or collusion between ........petitioner and the said ...................... relating to subject of present suit.
petitioner hence prays that this (Hon'ble) Court might be pleased to pass a decree of a judicial separation of petitioner from her
said husband due to his above stated act of adultery.
Signed
CB

Verification

I, Ms............. wife of Mr........... daughter of XY aged about ............ years residing at ........ do hereby solemnly affirm and say as
follows:
I am the petitioner above-named and I know and I have made myself acquainted with the facts and circumstances of this case.
The statements made in paragraphs 1 to 5 are true to my knowledge and belief.
I sign this verification on this ............... day of............... at the Court House at................
Before me Notary
Signature of Ms.
Signature of Advocate

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Petition by Girl for a Decree of Nullity of Marriage

In the Court of Ms..................................,Family Courts, District..................., New Delhi

Ms. ..................... Petitioner

versus

Mr. ..................... Respondent

In the matter of nullity of marriage under s. 11 of the Hindu Marriage Act 1955.
AB ..................... Petitioner
(Full name and address)
versus
CD ..................... Respondent
(Full name and address)
The humble petition of AB
RESPECTFULLY SHOWETH:
1. That at all material times the parties to the petition were and are Hindu ruled by the Hindu Marriage Act 1955 (Act 25 of
1955).
2. That a pretended marriage was however on the ............ day of......... celebrated at ......... between the applicant then a unmarried
women aged ............with the respondent then known as......... aged......... declared as a bachelor under the purported Hindu rites
and customs (an extract from the Marriage Register or an affidavit duly attested to be filed).
3. That the purported marriage was cheating practised by the respondent upon the petitioner and is void ab initio inasmuch as the
respondent had already a married wife named ......... then and this fact was suppressed from the petition and she is still now alive.
4. That since the said marriage with CD, the applicant lived and cohabited with CD at etc., without having any issue of such
purported marriage until the ......... day of............
Or That the applicant and the said CD are within the restricted degrees of relationship, the applicant being the first cousin sister
of the said CD.
Or
That the said CD was impotent at the time of such marriage and remained as such until institution of present proceeding (if this
ground is alleged then omit the words "and cohabited" in para 4).
5. That the applicant bear right to get the sum of Rs............. monthly from the said CD for her maintenance and support until she
is married.
6. That there is no collusion between the applicant and the said CD in making this application.
7. That there were no prior proceedings relating the marriage in question by or on behalf of any party.
8. That this court has jurisdiction to entertain this application as the marriage was celebrated within the jurisdiction or the parties
reside and live or last resided and lived within the jurisdiction.
The applicant therefore prays that the court may be pleased to declare that the said marriage between the applicant and CD is
nullity and the said CD be ordered to pay to the applicant for her support and maintenance a sum of Rs. ............ monthly or such
other monthly sum as the court thinks fit as long as the applicant remains unmarried.
Verification
I, AB, daughter of XY and wife of CD aged about ............ years by occupation service residing at............ do hereby solemnly
affirm and say as follows:
I am the petitioner above-named and I know and I have made myself acquainted with the facts and circumstances of this case.
The statements in paragraphs 1 to 8 are true to my knowledge and belief.
I sign this verification on this ............ day of............... at the Court House at...............
Signature of AB............................
Signature of Advocate.................
Before me
Notary
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Petition by Wife for Divorce

In the Court of Ms..................................,Family Courts, District..................., New Delhi

Ms. ..................... Petitioner

versus

Mr. ..................... Respondent

Petition for Divorce under Section 13 of Hindu Marriage Act,1955
The humble petition of ............... (full name and address)
RESPECTFULLY SHOWETH:
1. That at all material times the parties to proceedings were and are Hindus ruled by the Hindu Marriage Act 1955.
2. That on the ............ day of............ petitioner was duly married to Mr..........................at etc., ............ and the said marriage was
solemnized according to Hindu customs and rites. (An extract from the Marriage Register or an affidavit duly attested to be
filed.)
3. That ever since the said marriage petitioner and the said Mr.................. lived together as husband and wife at ............ until
the ............ day of ............ (state reasons of separation).
4. That the following are the issues of the said marriage (state name, address, date of birth, age and sex).
5. That on various occasions between ............ and ............ the respondent committed adultery with ............ at............ against the
wish of your petitioner and in spite of her protests.
6. That your petitioner has come to know of the same on ............ and since then she has not in any manner been accessory to or
connived at or condoned such adultery.
7. (When the applicant is the wife.) That the said Mr................ had married on the ......... day of......... Sm............. and she is now
living at............
OR
That the said Mr..................... has, since the solemnization of the marriage, been guilty of rape (or sodomy or bestiality)
on ............
8. That there is no collusion /connivance between the parties with concerning the subject-matter of the present petition.
9. That no prior proceedings existing between the parties relating to their marriage.
10. The marriage was celebrated at........................ or the parties last lived and resided at............ within the jurisdiction of this
Court.
Your petitioner therefore prays that the court might be pleased to pass a decree dissolving the marriage of petitioner with Mr...
Signed Ms................................ (Petitioner)