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Draft of Judicial Separation

Mrs. Riya Sharma has filed a petition for judicial separation from her husband Mr. Sameer Sharma under Section 10 of the Hindu Marriage Act. They were married in 2018 and have a 1-year old daughter. After 1 year of marriage, Mr. Sharma suffered business losses and began drinking, smoking, and verbally abusing Mrs. Sharma, even in front of family. In June 2020, he physically assaulted her in public, causing a panic attack. He then refused her medical care and threatened to make her leave home. Mrs. Sharma now seeks a decree of judicial separation on grounds of cruelty.
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0% found this document useful (1 vote)
3K views4 pages

Draft of Judicial Separation

Mrs. Riya Sharma has filed a petition for judicial separation from her husband Mr. Sameer Sharma under Section 10 of the Hindu Marriage Act. They were married in 2018 and have a 1-year old daughter. After 1 year of marriage, Mr. Sharma suffered business losses and began drinking, smoking, and verbally abusing Mrs. Sharma, even in front of family. In June 2020, he physically assaulted her in public, causing a panic attack. He then refused her medical care and threatened to make her leave home. Mrs. Sharma now seeks a decree of judicial separation on grounds of cruelty.
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IN THE COURT OF THE FAMILY

JUDGE AT INDORE

MATRIMONIAL CASE NO 382 OF 2020

IN THE MATTER OF:

Mrs Riya Sharma PETITIONER

VERSUS

Mr Sameer Sharma RESPONDENT

PETITION FOR JUDICIAL SEPARATION UNDER SECTION 10 OF HINDU


MARRIAGE ACT

MOST RESPECTFULLY SHOWETH :

The Petitioner ,above named states as under:

1. That marriage of the Petitioner and the Respondent was solemnized on 20.04.2018 at
Indore according to Hindu rites and ceremonies. The marriage was registered with the
registrar of marriage at Indore.
2. That from said marriage, petitioner lived and cohabitated with her said husband at Vikas
Colony,Indore .
3. That the place of residence at the time of filing petition is Jamvilla colony,Indore.
4. That from this marriage ,the couple has been blessed with one girl aged 1 year .
5. That petitioner and her husband were living together happily at the matrimonial home but
after 1 year of marriage ,the respondent suffered huge loss in business and blamed the
petitioner for the same.The petitioner has a history of Bipolar disorder already and the
petitioner cleared about her mental condition at the time of marriage.
6. That due to inferiority complex the respondent developed habit of drinking and smoking
and abuse petitioner with vulgar and filthy words even in front of family member on
daily basis. The Petitioner mental health degraded day by day and become difficult to
tolerate mental cruelty.
7. That on 19.06.2020, the respondent being frustrated suddenly after coming to market
physically abused the petitioner in front of neighbors and this trauma triggers the panic
attack of petitioner in critical manner and her husband did not provide her medical
treatment, nor gave her love or affection and threatened his wife to leave his home and
it eventually become impossible for the petitioner to live together with respondent.
8. That on 20.06.2020,the petitioner shifted to parents house for the recovery of her mental
health along with the child.
9. The Petition has not in any manner necessary to or condoned the acts complained of or
connived at, but the respondent is treating the Petitioner with cruelty after immediately
after 11 month of solemnization of the marriage and ground for petition is mentioned in
Section 13(1)(ia) under Hindu Marriage Act,1955.
10. The petition is not being presented in collusion with the respondent.
11. This petition is being presented without any unnecessary or improper delay on the part of
the petitioner.
12. There is no other legal ground as to why the decree the decree prayed for should be not
granted in favor of the Petitioner.
13. That no litigation has taken place between the parties to the Petition earlier.
14. This Hon’ble Court has jurisdiction to entertain and try this Petition as the marriage was
solemnized at Indore , the parties last resided together at Indore and even presently the
respondent is residing within the jurisdiction of this Hon’ble court.
15. In the facts and circumstances of case mentioned herein above this Hon’ble Court
graciously be pleased to:

PRAYER

That Petitioner,therefore,prays:

a) For grant of decree of judicial separation in favor of Petition and against the respondent;
and
b) Any other relief or reliefs which the court may deem proper under the circumstances be
also awarded to the Petitioner.
PETITIONER

THROUGH

Mr RATAN LAL,Advocate
Place: Indore
Date : 25.06.2020

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