Petition for Matrimonial case
Why Choose Dastawezz ?
There is a set procedure to law for filing a petition or an application and before which Court or Forum or competent authority. Section 21 of Hindu Marriage Act provides that all proceedings under this Act shall be regulated as far as may be, by Code of Civil Procedure. In case High Court of the concerned State has framed rules pertaining to any matter under the Act, those rules shall come into application for regulating the procedure for disposal of petitions or applications under the Act.A matrimonial petition is a petition which deals with matters relating to matrimony. There is no statutory definition for the term ‘matrimony’. Matrimony means relating to marriage. Therefore, any petition which deals with ancillary or incidental matters related to marriage is called matrimonial petitions.
The following is to be kept in mind while drafting a matrimonial petition:
- The place and the date of marriage and the religion of the parties. It assists in determining which statute shall be applicable.
- The residence of the parties at the present time. The last residing place of the married couple. It also helps in determining the jurisdiction of the court.
- The names of the children, their age, their address. It is crucial in the cases of custody and maintenance of children.
- Full particulars and details of the litigation between the current parties pending or disposed of in any other court in India.
- In case the respondent has deserted the petitioner, the date of such desertion. How much time has elapsed since such desertion. The reason for such desertion. It assists in the grant of divorce.
- The grounds for filing the present petition/application. If the petition is for divorce it is compulsory to mention the reason for filing the petition.
Following are some examples where a matrimonial petition is filed:
- Petition for divorce
- Application for maintenance of self and/or children
- Application for custody of children
- Petition for judicial separation
- Application for the restitution of conjugal rights
- Petition for dissolution of marriage
ADVANTAGES / FEATURES
- Every petition (except petition for nullity of marriage) is to be accompanied by an affidavit to the effect that it is not being presented or prosecuted in collusion with the respondent.
- Where the ground of petition is that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties, affidavit in support of this averment is to be annexed to the petition.
- Where the ground of petition is that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties, affidavit in support of this averment is required to be annexed to the petition.