Divorce notice by wife under cruelty

[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]

To,
The Hon''ble Judge,
[Family Court Name]
[Address of the Family Court]
[City, State, Zip Code]

Subject: Divorce Notice under Section [insert relevant section] of the Hindu Marriage Act, 1955 for Cruelty

Respected Sir/Madam,

I, [Wife''s Full Name], W/o [Husband''s Full Name], aged about [Wife''s Age], residing at [Wife''s Address], hereby submit this notice for divorce under the grounds of cruelty as provided under Section [insert relevant section] of the Hindu Marriage Act, 1955.

1. Parties

Petitioner:
Name: [Wife''s Full Name]
Age: [Wife''s Age]
Occupation: [Wife''s Occupation]
Address: [Wife''s Address]

Respondent:
Name: [Husband''s Full Name]
Age: [Husband''s Age]
Occupation: [Husband''s Occupation]
Address: [Husband''s Address]

2. Jurisdiction and Legal Basis

This Hon''ble Court has jurisdiction to entertain this petition under Section [insert relevant section] of the Hindu Marriage Act, 1955, as the marriage was solemnized in [City/State] on [Date of Marriage] and the parties are currently residing within the jurisdiction of this Hon''ble Court.

3. Facts of the Case

  1. The marriage between the Petitioner and Respondent was solemnized on [Date of Marriage] at [Place of Marriage] as per Hindu rites and customs.
  2. The couple has been living together since the date of marriage and has [number of children, if any, or state ''no children''].
  3. The Petitioner has faced continuous mental and physical cruelty from the Respondent since [mention the date or period when cruelty began].
  4. The nature of the cruelty includes, but is not limited to:
    a. [Detail specific instances of mental cruelty, e.g., verbal abuse, humiliation, threats, etc.]
    b. [Detail specific instances of physical cruelty, e.g., hitting, pushing, etc.]
    c. [Any other relevant details that illustrate the cruelty faced by the Petitioner.]
  5. The Petitioner has made several attempts to resolve the issues amicably, including [mention any counseling, mediation, or discussions that took place].
  6. Despite these attempts, the Respondent''s behavior has not changed, leading to a breakdown of the marriage.

4. Legal Issues and Questions Raised

  1. Whether the acts of the Respondent constitute cruelty as defined under the Hindu Marriage Act, 1955?
  2. Whether the Petitioner is entitled to a decree of divorce on the grounds of cruelty?
  3. Whether the Petitioner is entitled to any reliefs, including maintenance and custody of children, if applicable?

5. Party Position

The Petitioner asserts that the Respondent''s actions have caused severe emotional distress and have made it impossible for the Petitioner to continue living with the Respondent. The Petitioner seeks a decree of divorce on the grounds of cruelty, as the marriage has irretrievably broken down due to the Respondent''s behavior.

6. Supporting Evidence

The Petitioner intends to rely on the following evidence to substantiate the claims of cruelty:
1. [List any medical reports, if applicable, that document injuries or psychological impact.]
2. [List any photographs, recordings, or other physical evidence of cruelty.]
3. [List any witness statements or affidavits from family members, friends, or neighbors who can corroborate the claims of cruelty.]
4. [Any other relevant documents that support the case, such as communication records, police complaints, etc.]

7. Verification

I, [Wife''s Full Name], do hereby declare and verify that the contents of this notice are true and correct to the best of my knowledge and belief.

Date: [Date]
Place: [City]

[Signature of Petitioner]
[Wife''s Full Name]

8. Precedents and Legal Authority

The Petitioner submits that the grounds for divorce under cruelty are well established in law and supported by various precedents. The Petitioner seeks to rely on the principles laid down in the Hindu Marriage Act, 1955, and the interpretations thereof by various courts in India.

9. Grounds for Relief

The Petitioner respectfully submits that the continuous acts of cruelty by the Respondent have caused irreparable harm to the Petitioner’s mental and emotional well-being. The Petitioner seeks the following reliefs:
1. A decree of divorce dissolving the marriage between the Petitioner and Respondent.
2. [If applicable, request for maintenance or alimony.]
3. [If applicable, request for custody of children.]
4. Any other relief that this Hon''ble Court may deem fit and proper in the interest of justice.

10. Conclusion and Prayer for Relief

In light of the above facts and circumstances, the Petitioner humbly prays that this Hon''ble Court:
1. Grant a decree of divorce in favor of the Petitioner on the grounds of cruelty.
2. Award maintenance and custody of children, if applicable.
3. Pass any other order that this Hon''ble Court may deem fit in the interest of justice.

Thanking you,

Yours sincerely,
[Signature of Petitioner]
[Wife''s Full Name]

Annexures

  1. Copy of Marriage Certificate
  2. Medical Reports (if any)
  3. Photographs (if any)
  4. Witness Statements (if any)
  5. Any other relevant documents

Declaration

I, [Wife''s Full Name], do hereby declare that the information provided in this notice is true and correct to the best of my knowledge and belief.

Date: [Date]
Place: [City]

[Signature of Petitioner]
[Wife''s Full Name]


This template serves as a comprehensive guide for drafting a divorce notice under the grounds of cruelty. It is essential to customize the details as per the specific case and ensure compliance with local court rules and procedures.

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