MODULE_5-Drafting

MODULE 5

OTHER PLEADINGS

5.1. THE DISSOLUTION OF MARRIAGE UNDER THE HINDU MARRIAGE ACT,
1955

Section 13 of The Hindu Marriage Act, 1955 talks about the dissolution of marriage between
a Hindu married couple. The word ‘divorce’ traces its origin from the Latin word ‘divortum’
which means ‘to separate’.

Under the Hindu Marriage Act, 1955, divorce1 can be sought by either party to the marriage
if any of the following grounds are met-

i. The other party had voluntary intercourse with someone else
ii. Cruelty
iii. Desertion
iv. Religious conversion
v. Unsoundness of mind
vi. Suffering from leprosy
vii. Not been heard of being alive for 7 years or more
viii. No resumption of cohabitation for a minimum period of 1 year after the decree of

judicial separation was passed
ix. No resumption of conjugal rights for a minimum period of 1 year after the decree of

restitution of conjugal rights was passed

There also exist special grounds on which only the wife can seek divorce namely2-
i. Polygamy by husband
ii. Husband found guilty of rape, sodomy or bestiality

iii. Her marriage was solemnized before she attained the age of 15 years and she
repudiated the marriage after attaining that age but before she turned 18.

1 Section 13, Hindu Marriage Act, 1955.
2 Section 13(2), Hindu Marriage Act, 1955.

iv. A suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956, or in a
proceeding under section 125 of the Code of Criminal Procedure, 1973, a decree or
order has been passed against the husband awarding maintenance to the wife and
since the passing of such decree or order, cohabitation between the parties has not
been resumed for one year or more.

IN THE FAMILY COURT________
M.J. PETITION NO. ___ of ____
Smt. ___________,
daughter of ___________,

aged _______ years, residing at ___________ Petitioner.
Versus

XYZ, son of _________,
_______ years of age,
residing at _________,

carrying on __________ business...... Respondent.

In the matter of dissolution of marriage under Section 13 of the Hindu Marriage Act,
1956:
And

In the matter of the Family Courts Act, 1954;
And

In the matter of Divorce of the Petitioner with the Respondent on grounds of cruelty
TO,

THE HON'BLE PRINCIPAL JUDGE

AND OTHER JUDGES OF THIS

HON'BLE COURT.

THE HUMBLE PETITION OF

THE PETITIONER ABOVENAMED

MOST RESPECTFULLY SHEWETH:

1. That the Petitioner and the Respondent were lawfully married according to traditional
Hindu Vedic rites on the ______ day of __ at the ______ in Mumbai. Hereto annexed
and marked Exhibit 'A' is a copy of the marriage certificate evidencing the said
marriage.

2. The Petitioner and the Respondent are Hindu by birth and they continue to be so.

3. After the said marriage, the Petitioner and the Respondent cohabitated and lived
together at the Petitioner's house for about six years. There were two offsprings out of
this marriage viz. LML (son of ________ years of age) and HIJ (daughter of ___ years
of age).

4. The Petitioner states that from the month of ___, the Respondent began to ill-treat the
Petitioner, and from the month of _____, began to physically assault the Petitioner
without any cause whatsoever. For some time, the Petitioner made no complaint and
underwent such ill-treatment, hoping that the Respondent would see better sense.
However, on or about ____month of ___, the Respondent attacked the Petitioner with a
stick and inflicted serious injuries leading to multiple fractures in hand and leg of the
Petitioner. The Petitioner thereupon lodged a complaint at the ____ Police Station,
being complaint No. ___. The Petitioner craves leave to refer to and rely upon a copy of
the said complaint when produced.

5. The Petitioner says that as a result of the aforesaid injury inflicted on the Petitioner by
the Respondent, the Petitioner had to be hospitalized for six days. The Petitioner craves
leave to refer to and rely upon the Medical Certificate issued by Dr. ____ who treated
the Petitioner at ______ Hospital.

6. The Petitioner says that even thereafter, the Respondent continued to treat the
Petitioner in a cruel and violent manner. The Petitioner says that such cruelty has
caused an apprehension in the mind of the Petitioner that it will be harmful and
injurious for the Petitioner to continue to live with the Respondent.

7. There is no collusion or connivance between the Petitioner and the Respondent in filing
this Petition.

8. The Petitioner is claiming alimony of Rs. ---- per month from the Respondent.

9. No other proceedings with respect to the marriage between the Petitioner and the
Respondent have been filed in this Honourable Court or in any other court in India.

10. The Petitioner and the Respondent were married in Dispur and last cohabited in
Guwahati within the territorial limits of the jurisdiction of this Court to entertain, try
and dispose of the present Petition.

11. The Petitioner being a lady is exempt from payment of Court fees.

12. The Petitioner will rely on documents, a list whereof is annexed hereto.

The Petitioner therefore prays:

i. That this Honorable Court be pleased to decree a dissolution of the said marriage
between the Petitioner and the Respondent;

ii. That the Petitioner be granted alimony of Rs. _______/- per month;
iii. That the Respondent be ordered and decreed to pay to the Petitioner the costs of this

Petition; and
iv. In the alternate to prayer (iii) above, the Respondent be directed to give the Petitioner

a sum of Rs. ________/- so as to enable her to purchase suitable accommodation for
herself;
v. That pending the hearing and final disposal of this petition, the Respondent be
directed to provide the Petitioner with a monthly allowance of Rs. ____/- to meet her
personal expenses and the expenses of running the matrimonial home;
vi. For such further and other reliefs as the nature and circumstances of the case may
require.

Petition drawn by:
Mr. XYZ,
Advocate, Sd/- Petitioner
High court, XYZ.

VERIFICATION
I, ___________, the Petitioner above named, do hereby solemnly declare and say that what is
contained in paragraphs _________ to __________ is true to my knowledge and that what is
stated in paragraphs _______ to _______ is stated on legal advice and I believe the same to
be true.
______ day of ____
Sd/-
Before me,
Registrar/Superintendent

5.2. WRIT PETITION
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
WRIT PETITION NO.___ OF xxxx
IN THE MATTER OF
.....Petitioner
versus
....Respondents

PETITION UNDER ARTICLE________OF THE CONSTITUTION OF INDIA FOR
ISSUANCE OF A WRIT IN THE NATURE OF __________UNDER ARTICLE______OF

THE CONSTITUTION OF INDIA.
To

The Hon'ble Chief Justice of India and His Lordship's Companion Justices of the Supreme
Court of India.

The Humble petition of the Petitioner abovenamed

MOST RESPECTFULLY SHEWETH:
1. Facts of the case
2. Question(s) of Law
3. Grounds
4. Averment:- That the present petitioner has not filed any other petition in any High Court or
the Supreme Court of India on the subject matter of the present petition.

PRAYER
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) .............
(ii) to pass such other orders and further orders as may be deemed necessary on the facts

and in the circumstances of the case. FOR WHICH ACT OF KINDNESS, THE
PETITIONER SHALL AS IN DUTY BOUND, EVER PRAY.

FILED BY:-
PETITIONER-IN-PERSON

DRAWN ON:
FILED ON:

The Writ Petition should be accompanied by:
(i) Affidavit of the Petitioner duly sworn.
(ii) Annexures as referred to in the Writ Petitioner, Rs.2/- per annexure.
(iii) 1+5 copies of the Writ Petition are required
(iv) Court fee of Rs.50/- per petitioner (In a criminal matter, no court fee is payable)
(v) Index (As per specimen enclosed)
(vi) Cover page (as per specimen enclosed)
(vii) Any application to be filed, Rs. 12/- per application
(viii) Memo of appearance, Rs. 5/- Court fee.

Petitioner-in-person may see a copy of WP to have practical knowledge about drafting of the
petition.

********

INDEX

SL.NO PARTICULARS PAGES
1
2 Synopsis and List of Dates
Writ Petition alongwith Affidavit in
3 support
4 Annexures
Application if any

5.3. SPECIAL LEAVE PETITION

The special leave petition is a residual power which is only used when a substantial question
of law is involved or when a kind of gross injustice has been done. It gives the aggrieved
party a chance to present their case in the Apex Court.

IN THE SUPREME COURT OF INDIA
(Order XVI Rule 4(1))

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION
(Under Article 136 of the Constitution of India)

S.L.P. (Civil) No. .........................................................of.........................
BETWEEN

(Here insert the name/names of the Petitioner(s)/ Petitioner Appellant)
AND

(Here insert the name/names of Respondent(s)/ Respondent Appellant
To

Hon'ble Chief Justice of India and His Companion Judges of the Supreme Court of India

The Special Leave Petition of the Petitioner most respectfully showeth :-
1. The petitioner/petitioners above named respectfully submits this petition seeking special

leave to appeal against the judgment/order of (here specify the Court/Tribunal against
whose order the leave to appeal is sought for together with number of the case, date of
the order and the nature of the order such as allowing or dismissing the matter or
granting or refusing the interim order etc.)
2. QUESTION OF LAW: The following questions of law arises for consideration by this
Hon'ble Court: (here, precisely set out the questions of law arising for consideration)
3. DECLARATION IN TERMS OF RULE 4(2)
4. The petitioner states that no other petition seeking leave to appeal has been filed by him
against the impugned judgment and order.

5. DECLARATION IN TERMS OF RULE 6: The annexures produced along with the SLP
are true copies of the pleadings/documents which formed part of the records of the case
in the Court/Tribunal below against whose order the leave to appeal is sought for in this
petition.

6. GROUNDS: The leave to appeal is sought for on the following grounds. (Here specify
the grounds precisely and clearly)

7. GROUNDS FOR INTERIM RELIEF: (here specify briefly the grounds on which
interim relief is sought)

8. MAIN PRAYER: (Here set out the main prayer)
9. INTERIM PRAYER: (Here set out the interim prayer)

Place :

Advocate for the petitioner

Date :
Settled by:
(Specify the name of the Advocate in case where the petition is settled by an Advocate)

By the order of the Court
Sd/-

( ) Registrar (Judicial)

5.4. COMPLAINT UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT,
1881

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE
TIS HAZARI COURTS, DELHI

Complaint Case No.............. of 20…

In the matter of:

……………………………………...

Through its Director................. …….Complainant

VERSUS

1. M/s ( company).......................................

2. Managing Director...................................

3. Finance Director.......................................

4. Director……………Accused

POLICE STATION:
_____________

Complaint under Section 190 of the Criminal Procedure Code, 1973 for taking
cognizance of the offense committed under Sections 138, 141 of the Negotiable

Instruments Act, 1881

Most respectfully submitted:

1. The complainant is a company incorporated under the provisions of the Companies
Act, 2013 having its registered office at ..... and the complainant is having its branch
office in Delhi at the above address. The Complainant Company is engaged in the
business of purchase and sale of ...... The present complaint is filed through Mr...........
who is competent to file this complaint on behalf of the Company.
2. The Accused No.1 is a company incorporated under the provisions of the Companies
Act. 2013 having its registered office in Delhi at the above address . The Accused No.1
company is engaged in business of purchase & sale of .....
3. The Accused No. 2 is the Managing Director, the Accused No. 3 is the Finance
Director and the Accused No.3 is the Director of the Accused no.1 company and wholly
responsible for the conduct of the accused company. The affairs of Accused No. 1
company are managed by Accused No.2 to 4 and as such they are in control of the affairs
of the Accused No. 1 company and liable for all the facts and deeds committed by the
Accused No.1 company.
4. The Accused No.2 placed an order with the Complainant Company on date..... for the
supply of ... The Complainant Company supplied the above machines on date ...... and
the Accused No.1 had taken delivery of the machines on date .........vide delivery challan

No. …….. dated ..... The Complainant Company had raised an Invoice No.............. dated
................ for Rs............ (Rs...........) on the Accused No.1 company.
5. That the Accused No.1 company, through the hands of Accused No. 3 issued a cheque
drawn on ........ bearing No. ......... dated ...... for Rs…... in discharge of the above
liability.
6. That the Complainant Company presented the above cheque for collection through its
bankers .............. and to its dismay found that the cheque was returned unpaid on date
............ for want of sufficient funds in the A/c of the accused.
7. That the Complainant had immediately sent a legal notice dated ........ to the Accused
company demanding therein the payment of Rs ......... within 15 days of the receipt of the
notice. The above notice of demand was received by the Accused on date .........
8. That the Accused had failed to make payment of Rs......within 15 days from the date
of receipt of statutory notice.
9. That the issuance of cheque by the Accused without having sufficient funds in the
bank is an act which has been done deliberately, mischievously and malafidely with an
intention to cheat the Complainant Company. The Accused was aware of the fact that on
presentation, the cheque would never be honoured because of insufficiency of funds in
their A/c.
10. The Complainant submits that it had presented the cheque within the time limit
prescribed by the Negotiable Instruments Act 1881 and the dishonored cheque was
issued by the Accused without maintaining sufficient funds in the account. Further, the
Accused have failed to make the payment of the sum covered under the dishonored
cheque within 15 days from the date of receipt of the notice of demands. Therefore, all
the Accused have committed the offense under section 138 of the Negotiable
Instruments Act, 1881.
11. That the Complainant Company had sent a registered legal notice to the Accused
No.1 company within the time limit prescribed by the Negotiable Instruments Act, 1881
and the Accused had not made the payment within 15 days of the receipt of the notice
thereof. The above said cheque was issued in Delhi and returned unpaid from the
Complainant's Bank in Delhi, hence this Hon'ble court has jurisdiction to take
cognizance of the offense.

PRAYER

It is therefore most humbly prayed that this Hon'ble court may be pleased to take the
complaint on record and punish the accused according to law and in the interest of
justice.

New Delhi
Dated.............

Complainant

Counsel for the Complainant

LIST OF DOCUMENTS FILED
1. Cheque No .... Dated ....... for....... Rs ......... drawn on bank......... (In original)
2. Copy of the legal notice dated ......... sent to the accused.
3. Postal proof of dispatch of the above legal notice (In original)
4. Postal acknowledgment cards received back from the accused (In original)

LIST OF WITNESSES
1.
2.