Friday, December 24, 2010

Affidavit before getting Order/Judgement by party in person

IN THE HONOURABLE COURT OF THE JUDGE FAMILY COURT
  Location (City/Village)
O.P. No:??????/YEAR
BETWEEN:

Mr.  ?????? S/o: ????????
Occ:?????, AGE:??,
R/o: ?????
                                                                                                       ….Petitioner
AND:
Mrs. husband surname 498a wife name (aka: inlaws surname 498a wife name)
W/o: ??????
Occ: ?????, AGE:?? ,
R/o:????? 
                                                                                                       ....Respondent

AFFIDAVIT for PETITION FILED U/S 9 OF HINDU MARRIAGE ACT 1955

I.   DESCRIPTION OF THE PETITIONER
The description and the address of the petitioner for the purpose of issuing notices, summons etc., for the above Petitioner is same as mentioned in the above cause title.

II.   DESCRIPTION OF THE RESPONDENT
The Respondent is Mrs. W/o: ??? OCC: ?????, AGE:??, HINDU
Mrs. husband surname 498a wife name (aka: inlaws surname 498a wife name)
R/o: ???



III.   May it please your Honour:
I, B. N .Reddy, the Petitioner herein respectfully submit that I am working for a private company  in Hyderabad. I respectfully submit that the Respondent is staying away from me without informing as well as for no valid reasons whatsoever. Thus far, the Respondent has not let me know of her intentions as well as her future plans.  She neither responded to my  RCR petition nor acknowledged.

Since the acts of the Respondent have arrested my married life.  I pray this Hon’ble Court to seek restitution of my conjugal rights.  I am left with no other option but to approach this Hon’ble Court for redressal of my grievances.
IV.   CAUSE OF ACTION
The cause of action for this Petition arose on ??????, when the respondent left petitioner’s residence to her parental home but never returned thereafter.     
            
V.   JURISDICTION
The Petitioner as well as the Respondent were residing at ??????,   when the cause of action arose and thus this Hon’ble Court has jurisdiction to try and adjudicate this Petition.

VI.   VALUATION
The Petitioner is paying a court fee of Rs. 10/- which is sufficient as per the Act.

VII.   PRAYER
It is therefore prayed that this Hon’ble Court may be pleased to pass a decree and/or order in favor of the Petitioner, as hereunder:

(a)   To direct/order the respondent to join the Petitioner at his residence in ?????? so as to enable him to lead the happy married life.
(b)   Pass any other orders as this Hon’ble Court may deem appropriate in the interest of Justice.

Place: ??????                                 
Date:??????                                                                            PETITONER

LIST OF DOCUMENTS


S. No.
DATE
DESCRIPTIO­N
1
Wedding invitation held @ ?????
2

FIR Copy filed by the respondent
3

Address  proof of last resided place



IN THE COURT OF HON’BLE JUDGE FAMILY COURT
Location (City/Village)
O.P. No: ??????/YEAR
BETWEEN:

Mr.  ?????? S/o: ????????
Occ:?????, AGE:??,
R/o: ?????
                                                                                                ….Petitioner

AND:
Mrs. husband surname 498a wife name (aka: inlaws surname 498a wife name)
W/o: ??????
Occ: ?????, AGE:?? ,
R/o:?????  
                                                                                                ....Respondent

AFFIDAVIT VERIFICATION BY PETITIONER
I,  ,   do hereby state and affirm under oath as follows:
Mr.  ?????? S/o: ????????
Occ:?????, AGE:??,
R/o: ?????   

1.   I am the Deponent herein and as such I am well aware of the facts and circumstance of the case.
2.   I submit that I filed the above affidavit against the Respondent for restitution of conjugal rights under section 9 of Hindu Marriage Act.
3.   I further submit that the contents of the petition are true and correct to the best of my knowledge and belief and hence I verify the same to be correct.


Place: ????????
Date:???????                                                                                    DEPONENT

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