Indian Divorce Act IDA 15 Schedule of Forms

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Indian Divorce Act, 1869

Chapter XV – Schedule of Forms

(The Schedule.)

Form 1

Petition by husband for a dissolution of marriage with damages against co – respondent by reason of adultery.

(See sections 10 and 34)

In the (High) Court of _ This _ day of _ The Petition of A.B., of SHEWETH,

1. That your Petitioner was on the _ day of one thousand nine hundred and ninety _, 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 an issue from 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 ninety _, 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.

Form 2

Respondent’s statement in answer to No. 1.

In the (High) Court of _ This _ day of _ Between A.B., Petitioner, C.B., respondent, and X.Y., co – respondent. C.B., the respondent, by D.E., her attorney (or vakil), in answer to the Petition of A.B. says that she denies that she has on diverse or any occasion committed adultery with X.Y., as alleged in the third paragraph of the said Petition. Wherefore the respondent prays that this (Hon’ble) Court will reject the said Petition. (Signed) C.B.

Note:

1. If the marriage was solemnized out of India, the adultery must be shown to have been committed in India.
2. The Petition must be signed by the Petitioner.

Form 3

Co – respondent’s statement in answer to No. 1.

In the (High) Court of _ The _ day of _ Between A.B., Petitioner, C.B., respondent, and X.Y., co – respondent. X.Y., the co – respondent, in answer to the Petition filed in this cause, saith that he denies that he committed adultery with the said C.B., as alleged in the said Petition. Wherefore the said X.Y. prays that this (Hon’ble) Court will reject the prayer of the said Petitioner and order him to pay the costs of and incident to the said Petition. (Signed) X.Y.

Form 4

Petition for Decree of Nullity of Marriage.

(See section 18)

In the (High) Court of _ To the Hon’ble Mr. Justice [or To the judge of ] This _ day of _ The Petition of A.B., falsely called A.D., SHEWETH,

1. That on the _ day of _, one thousand eight hundred and _, your Petitioner, then a spinster, eighteen years of age, was married in fact, though not in law, to C.D., then a bachelor of about thirty years of age, at [some place in India].
2. That from the said day of _, one thousand eight hundred and _ until the _ month of _, one thousand eight hundred and _, your Petitioner lived and cohabited with the said C.D., at diverse places, and particularly at aforesaid.
3. That the said C.D. has never consummated the said pretended marriage by carnal copulation.
4. That at the time of the celebration of your Petitioner’s said pretended marriage, the said C D. was, by reason of the impotency or malformation, legally incompetent to enter into the contract of marriage.
5. That there is no collusion or connivance between her and the said C D. with respect to the subject of his suit. Your Petitioner therefore pray that this (Hon’ble) Court will declare that the said marriage is null and void. (Signed) A.B. Form of Verification See No. 1

Form 5

Petition by wife for judicial separation on the ground of her husband’s adultery

(See section 22) In the (High) Court of _ This _ day of _ The Petition of C.B., of the wife of A.B. SHEWETH

1. That on the day of, one thousand eight hundred and sixty your Petitioner, then C.D., was lawfully married to A.B., at the church of in the
2. That after her said marriage, your Petitioner cohabited with the said A.B. at and that your Petitioner and her said husband have issue living of their said marriage three children, to wit, etc. etc.., (a).
3. That on diverse occasions in or about the months of August, September and October, one thousand eight hundred and sixty, the said A.B., at aforesaid, committed adultery with E.F., who was then living in the service of the said A.B. and your Petitioner at their said residence aforesaid.
4. That on diverse occasions in the months of October, November and December, one thousand eight hundred and sixty, the said A.B., at aforesaid, committed adultery with G.H., who was then living in the service of the said A.B. and your Petitioner at their said residence aforesaid.
5. That no collusion or connivance exists between your Petitioner and the said A.B. with respect to the subject of the present suit. Your Petitioner, therefore, prays that this (Hon’ble) Court will decree a judicial separation to your Petitioner from her said husband by reason of his aforesaid adultery. (Signed) C.B.(b)

Form of Verification See No. 1.

Form 6

Statement in answer to No. 5

In the (High) Court of _ against This _ day of _ The respondent, A.B. by W.Y., his attorney [or vakil] saith, –

1. That Tic denies that lie committed adultery with E.F. as in the third paragraph of the Petition alleged.
2. That the Petitioner condoned the said adultery with E.F., if any.
3. That he denies that he committed adultery with G.H., as in the fourth paragraph of the Petition alleged.
4. That the Petitioner condoned the said adultery with G.H., if any. wherefore this respondent prays that this (Hon’ble) Court will reject the prayer of the said Petition. (Signed) A.B.

Form 7

Statement in reply to No. 6

In the (High) Court of _ B. against B This _ day of _ The Petitioner, C.B. by her attorney [or vakil] says –

1. That,he denies that she condoned the said adultery of the respondent with E.F. as in the second paragraph of the statement in answer alleged.
2. That even if she had condoned the said adultery, the same has been revived by the subsequent adultery of the respondent with G.H. as set forth in the fourth paragraph of the Petition. (Signed) C.B.

1. State the respective ages of the children.
2. The Petition must be signed by the Petitioner.

Form 8

Petition for a judicial separation by reason of cruelty

(See section 22) In the (High) Court of _ To the Hon’ble Mr. Justice [or To the judge of ] This _ day of _ The Petition of A.B.(wife of C.B.) of _ SHEWETH,

1. That on the day of, one thousand eight hundred and your Petitioner, then A.D., spinster, was lawfully married to C.B., at
2. That from her said marriage, your Petitioner lived and cohabited with her said husband at until the day of, one thousand eight hundred and, when your Petitioner separated from her said husband as hereinafter more particularly mentioned, and that your Petitioner and her said husband have had no issue of their said marriage.
3. That from and shortly after your Petitioner’s said marriage, the said C.B. habitually conducted himself towards your Petitioner with great harshness and cruelty, frequently abusing her in the coarsest and most insulting language, and beating her with his fists, with a cane, or with some other weapon.
4. That on an evening in or about the month of one thousand eight hundred and the said C.B. in the highway and opposite to the house in which your Petitioner and the said C.B., were then residing at aforesaid, endeavoured to knock your Petitioner down, and was only prevented from so doing by the interference of F.D., your Petitioner’s brother.
5. That subsequently on the same evening, the said C.B. in his said house at aforesaid, struck your Petitioner with his clenched fists a violent blow on her face.
6. That on one Friday night in the month of one thousand eight hundred and, the said C.B., in without provocation, threw a knife at your Petitioner, thereby inflicting a severe wound on her right hand.
7. That on the afternoon of the day of one thousand eight hundred and, your Petitioner, by reason of the great and continued cruelty practiced towards her by her said husband, with assistance withdrew from the house of her said husband to the house of her father at and after the said day of one thousand eight hundred and your Petitioner hath lived separate and apart from her said husband, and hath never returned to his house or to cohabitation with him.
8. That there is no collusion or connivance between your Petitioner and her said husband with respect to the subject of the present suit. Your Petitioner, therefore, prays that this (Hon’ble) Court will decree a judicial separation between your Petitioner and the said C.B., and also order that the said C.B. do pay the costs of and incident to these proceedings. (Signed) A.B.

Form of Verification: See No. 1.

Form 9

Statement in answer to No. 8

In the (High) Court of _ This _ day of _ Between A.B., Petitioner, and C B., respondent. C.B., the respondent, in answer to the Petition filed in this cause by W.J. his attorney (or vakil) saith that he denies that he has been guilty of cruelty towards the said A.B., as alleged in the said Petition. (Signed) C.B.,

Form 10

Petition for reversal of decree of separation

(See section 24) In the (High) Court of _ To the Hon’ble Mr. Justice [or To the Judge of ]. This _ day of _ The Petition A.B., of SHEWETH

1. That your Petitioner was on the day of lawfully married to.
2. That on the day of this(Hon’ble) Court at the Petition of pronounced a decree affecting the Petitioner to the effect following, to wit, – [Here set out the decree.)
3. That such decree was obtained in the absence of your Petitioner, who was then residing at [State facts tending to show, that the Petitioner did not know of the proceedings; and, further, that had he known he might have offered a sufficient defence.) or That there was reasonable ground for your Petitioner leaving his said wife, for that his said wife [Here state any legal grounds justifying the Petitioner’s separation from his wife.] Your Petitioner, therefore, prays that this (Hon’ble) Court will reverse the said decree. (Signed). A.B. Form of Verification: See No. 1.

Form 11

Petition for Protection – order

(See section 27) In the (High) Court of _ To the Hon’ble Mr. Justice of ]. The [or To the Judge The day of 186. The Petition of C.B., of the wife of A.B. SHEWETH, that on the day of she was lawfully married to A.B., at That she lived and cohabited with the said A.B. for years at, and also at and hath had children, issue of her said marriage, of whom are now living with the applicant, and wholly dependent upon her earnings. That on or about, the said A.B., without any reasonable cause deserted the applicant, and hath ever since remained separate and apart from her. That since the desertion of her said husband, the applicant hath maintained herself by her own industry [or on her own property. as the case may be], and hath thereby and otherwise acquired certain Property consisting of [here state generally the nature of the property]. Wherefore she prays an order for the protection of her earnings and property acquired since the said, day of from the said A.B., and from all creditors and persons claiming under him. (Signed) C.B.

Form 12

Petition for Alimony pending the suit

(See section 36) In the (High) Court of _ B. against B. To the Hon’ble Mr. Justice [or To the Judge of ]. This _ day of _ The Petition of C.B., the lawful wife of A.B. SHEWETH,

1. That the said A.B., has for ‘some years carried on the business of, at, and from such business derives the nett annual income of from Rs. 4,000 to 5,000.
2. That the said A.B. is possessed of plate, furniture, linen and other effects at his said house, aforesaid, all of which he acquired in right of your Petitioner as his wife, or purchased with money he acquired through her, of the value of Rs. 10,000.
3. That the said A.B. is entitled, under the will of his father, subject to the life interest of his mother there in to property of the value of Rs. 5,000 or some other considerable amount (a). Your Petitioner, therefore, prays that this (Hon’ble) Court will decree such sum or sums of money by way of alimony, pending the suit, as to this (Hon’ble) Court may seem fit. (Signed) C.B. Form of Verification : See No. 1

Form 13

Statement in answer to No. 12.

In the (High) Court of _ B. against B. A.B., of the above – named respondent, in answer to the Petition for alimony, pending,. the suit, of C.B., says –

1. In answer to the first paragraph of the said Petition, I say that I have for the last three years carried, on the business of, at and that, from such business, I have derived a nett annual income of Rs. 900, but less than Rs. 1,000.
2. In answer to the second paragraph of the said Petition, I say that I am possessed of plate, furniture, linen and other chattels and effects at my said house aforesaid, of the value of Rs. 7,000, but as I verily believe of no larger value. And I say that a portion of the said plate, furniture and other chattels and effects of the value of Rs. 1,500, belonged to my said wife before our marriage, but the remaining portions thereof I have since purchased with my own monies. And I say that, save as hereinbefore set forth, I am not possessed of the plate and other effects as alleged in the said paragraph in the said Petition, and that I did not acquire the same as in the said Petition also mentioned.
3. I admit that I am entitled under the will of my father, subject to the life – interest of my mother therein, to property of the value of Rs. 5,000, that is to say, I shall be entitled under my said father’s will, upon the death of my mother to a legacy of Rs. 7,000, out of which I shall, have to pay to my father’s executors the sum of Rs. 2,000 the amount of a debt owing by me to his estate, and upon which debt I am now paying interest at the rate of five percent. per annum.
4. And, in further answer to the said Petition. I say that I have no income whatever except that derived from my aforesaid business, that such income, since my said wife left me, which she did on the day of last, has been considerably diminished, and that such diminution is likely to continue. And I say that out of my said income, I have to pay the annual sum of Rs. 100 for Such interest as aforesaid to my late father’s executors, and also to support myself and my two oldest children.
   1. The Petitioner should state her husband’s income as accurately as possible.
5. And in further answer to the said Petition, I say that, when my wife left, my dwelling – house on the day of last, she took with her, and has ever since withheld and still withholds from me, plate, watches and other effects in the second paragraph of this my answer mentioned, of the value of, as I verily believe, Rs. 800 at the least; and I also say that, within five days of her departure from my house as aforesaid, my said wife received bills due to me from certain lodgers of mine, amounting in the aggregate to Rs. and that she has ever since withheld add still withholds from me the same sum. (Signed) A.B.

Form 14

Undertaking by minor’s next friend to be answerable for respondent’s costs.

(See section 49.) In the (High) Court of _ I, the undersigned A.B., of being the next friend of C.D. who is a minor, and who is desirous of filing a Petition in this Court, under the Indian Divorce Act, against D.D. of, hereby undertake to be responsible for the costs of the said D.D. in such suit, and that, if the said C.D. fail to pay to the said D.D. when and in such manner as the Court shall order all such costs of such suit as the Court shall direct him (or her] to pay to the said D.D. I will forthwith pay the same to the proper officer of this Court. Dated this day of 186. (Signed) A.B.

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