Divorce Papers - What Are The Contents Of A Petition For Contested Divorce?

Divorce Papers - What Are The Contents Of A Petition For Contested Divorce?



 There are various laws relating to Marriage and Divorce In India -

1. For Hindus, the Hindu Marriage Act, 1955.

2. For Christians, the Indian Divorce Act, 1869 and the Indian Christian Marriage Act, 1872

3. For Muslims, the Dissolution of Marriage Act, 1939 and the Muslim Women(Protection of Rights on Divorce) Act, 1986

4. For Parsis, the Parsi Marriage & Divorce Act, 1936.

5. The Special Marriage Act, 1954



Contested Divorce - A contested divorce is filed when one of the spouses decide to divorce the other without his/her consent.

In India a contested divorce can be filled on the basis of the following grounds namely -
1. Cruelty
2. Adultery
3. Desertion
4. Leprosy
5. Venereal disease
6. Mental disorder
7. Acceptance of religious order on renouncing the world
8. Respondent not heard of being alive for seven years.
9. Conversion to some other religion
10. Sentence of imprisonment for seven years
11. No resumption of cohabitation. etc.,


A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a district court 

Contents of the petition for Contested Divorce (Divorce papers) :-

Section 20 of the Hindu Marriage Act requires that every petition for divorce shall state as distinctly as possible the facts on which Petitioner's claim for relief is grounded. Such petitions are required to be verified by the Petitioner or by some other person competent to do it as required in C.P.C. and such petitions can be referred to as evidence.

Section 10 of the Indian Divorce Act lays down that every petition for divorce shall state facts as distinctly as possible on which rests Petitioner's claim for reliefs sought. Section 47, Indian Divorce Act lays down the same rules as to verification and probative force of the petition as section 20, Hindu Marriage Act does. Similar provisions have been enacted by Section 32, Special Marriage Act.

Thus all petitions for contested divorce in India shall state:

1. The place and date of marriage.

2. Whether the petitioner and the respondent were Hindu by religion at the time of marriage and whether they continue to be so up to the date of filing of the petition. ''. This clause is not necessary in case of  Divorce Petition filed under special marriage act.

3. The name, status and domicile of the husband and wife before the marriage and at the time of filing of the petition.



4.The address where parties to the marriage reside at the time of the
presentation of the petition and last resided together,

5. The names of children, if any, of the marriage, their sex and their dates of birth or ages;

6. If prior to the date of the petition, there has been any proceeding under the Act between the parties to the petition, foil particulars thereof;

7. The matrimonial offence or offences alleged or other grounds, upon which the relief is sought, setting out with sufficient particularity the time and places of the acts alleged and other facts by which they are intended to be proved, for example, 

a. In every petition for divorce by either the husband or the wife on the ground that the other party has after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse, the petitioner shall state the name, occupation and place of residence of such person or persons so far as they can be ascertained, the specific acts of sexual intercourse and the occasion when and the where such acts were committed.

b. In the case of alleged desertion, the date and the circumstances in which it began; in the case of cruelty, the specific acts of cruelty and the occasion when and the place where such acts were committed.

c. In the case of unsoundness of mind or mental disorder, the time when such unsoundness of mind or mental disorder began to manifest itself and the nature and the period of the curative steps taken.

d. In the case of virulent and incurable form of leprosy or venereal disease in communicable form, when such ailment began to manifest and the nature and the period of the curative steps taken.

e. If the petition is on the ground that the respondent has renounced the world by entering any religious order, the date of
renunciation and the particulars of the religious order which the respondent has entered into

f. If the petition is on the ground that the respondent has not been heard of as being alive for a period of seven years or more, the date and the place the respondent was last seen or heard of alive and the steps, if any, taken to ascertain his or her whereabouts;

g. When the petition is found on the ground of rape or sodomy, the occasion when, the place where and the names and addresses of persons with whom such acts were committed. In case of conviction for committing rape or sodomy, the particulars thereof

h. Where the petition is founded on the ground of bestiality, the occasion when, the place where and the particulars of the beast with whom the husband had been guilty of bestiality



Affidavit of non-collusion :-

Every petition (excepting petitions for void marriage) should be accompanied by an affidavit to the effect that it is not presented or prosecuted in collusion with the respondent. In the petition seeking judicial separation/divorce on the ground that the party has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse, it will also state that petitioner has not, in any manner, been accessory to or connived at the acts complained of.

Connivance arises when a party to marriage, being willing that a matrimonial offence should be committed by the other party, manifests that willingness by action or inaction with a corrupt intention or expectation that a matrimonial offence may follow.

According to Rayden

“Connivance implies an anticipatory consent to adultery committed by the other spouse. It may be active or passive acquiescence in or toleration of the adultery; but mere negligence, inattention or over-confidence, not amounting to intentional concurrence and consent, are not connivance. Where, however, a spouse bonafide and reasonably believes that the other is committing adultery,and,in order to get proof, follows or observes and does not interfere while adultery is being committed, such following or observation and non-interference does not amount to connivance. Connivance at adultery with one person may preclude relief in respect of adultery with another.”

Thus, if a person promotes and encourages the adultery of the other spouse, he cannot come to the court saying that it is the case of adultery and thus, cruelty is being committed.

Apart from it, it is also necessary, that the person should not be
accessory to the fact. The word ‘accessory’ is intended to mean aiding to produce or contribute to the bringing about of the offence complained against.

Thus, where the ground of the petition is that “the other party has after the solemnization of the marriage sexual intercourse with any person other than his spouse or that ‘the other party is living in adultery”, the court will satisfy itself that the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of in the petition.



Affidavit of non- condonation:-

Where the ground for petition is voluntary sexual intercourse of the respondent with any person other than his or her spouse or where the ground for petition is cruelty, the petition shall be accompanied by an affidavit to the effect that the petitioner has not condoned the act or acts complained of or has not in any manner condoned the cruelty.

Condonation: The doctrine of condonation was established by the old Ecclesiastical Courts in Great Britain and was adopted by the English Courts from the Common Law. It came to India through English Courts.

“Condonation” means forgiveness of the matrimonial offence and the restoration of offending spouse to the same position as he or she occupied before the offence was committed. To constitute condonation there must be, therefore, two things, forgiveness and restoration.

Condonation is always subject to the implied condition that the offending spouse will not commit a fresh matrimonial offence, either of the same variety as the one condoned or of any other variety. ‘No matrimonial offence is erased by condonation. It is obscured but not obliterated’. Since the condition of forgiveness
is that no further matrimonial offence shall occur, it is not necessary that the fresh offence should be ‘ejusdem generis’ with the original offence. Condoned cruelty can, therefore, be revived, say by desertion or adultery.

So, these are the contents of a petition for contested divorce. 
 
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