I
(See sections 11 and 37)Notice of MarriageToA Minister (or Register of hereby give you notice that a marriage is intended to be had, within three calendar months from the date hereof, between me and the other party herein named and described (that is to say) :| Name | Condition | Rank of Profession | Age | Dwelling place | Length of residence | Church, Chapel or place of worship in which themarriage is to be solemnised | District in which the other party resides, whenthe parties dwell in different districts |
| | | | | | | | |
Witness my hand, this day of Fifty-Sixd II
(See sections 23 and 47)Certificate of Receipt of NoticeI ............................................................... do hereby certify that, on the ....................... day of ................................. notice was duly entered in my Marriage Notice Book of the marriage intended between the parties therein named and described, delivered under the hand of one of the parties (that is to say):-| Name | Condition | Rank of Profession | Age | Dwelling place | Length of residence | Church, Chapel or place of worship in which themarriage is to be solemnised | District in which the other party resides, whenthe parties dwell in different districts |
| | | | | | | | |
and that the declaration or oath required by section 16 or 40 of the Jammu and Kashmir Christian Marriage and Divorce Act, 1957, has been duly made by the said...............| Date of notice entered | } | The issue of this certificate has not beenprohibited byany person authorised toforbid the issue thereof |
| Date of certificate given |
| Witness my hand, this | | day of | fifty six, |
| | | Signed. |
This certificate will be void, unless the marriage is solemined on or before the ............................ day of .............................III
(See section 27 and 30)Form of Register of MarriageQuarterly Returns of MarriagesForThe Archdeaconry ofI .................................... Registrar of the Archdeaconry of do hereby certify that the annexed are correct copies of the originals and Official Quarterly Returns of Marriage within the archdeaconry of { } as made and transmitted to me for the quarter commencing the ................ day of ending the day of................in the year of Our LordSignature of Registrar.Registrar of the Archdeaconry ofMarriage solemnised at| When married | Names of Parties | Age | Condition | Rank of Profession | Residence at the time of marriage | Father's name and surname | By banns of licence | Signature of the parties | Signature of the two or more witnesses Present | Signature of the person solemnising the marriage |
| Year | Month | Day | Christian | Surname |
| | | | | | | | | | | | | | |
IV
(See section 31 and 51)Marriage Register Book| When married | Name of Parties | Age | Condition | Rank or profession | Residence at the time of Marriage | Father's name and surname |
| Number | Day | Month | Year | Christian Name | Surname |
| | | | | | | | | | | |
| Marred in the | { | ….......... | } | in the presence of us | { | ….......... | } |
| This marriage was solemnised between us | ….......... | ….......... |
Certificate of Marriage| When married | Name of Parties | Age | Condition | Rank or profession | Residence at the time of Marriage | Father's name and surname |
| Number | Day | Month | Year | Christian Name | Surname |
| | | | | | | | | | | |
| Marred in the | { | ….......... | } | in the presence of us | { | ….......... | } |
| This marriage was solemnised between us | ….......... | ….......... |
V
No. 1. Petition by husband for a dissolution of marriage with damages against co-respondent, by reason of adultery.(See sections 75 and 100)In the (High) Court ofTo the Hon'ble Mr. Justice(or To the Judge of ).The day of..............20The petition of A. B. of Sheweth1. That your petitioner was on the .......................... day of .............. one thousand nine hundred and ..........................., lawfully married to C. B., then C. D., spinster, at
2. That from his said marriage, your petitioner lived and cohabited with his said wife at and at in and lastly at in and that your petitioner and his said wife have had issue of their said marriage, five children of whom two sons only survive, aged respectively--and--years.
3. That during the three years immediately proceeding the day of, one thousand nine hundred and X. Y. was constantly, with few exceptions, residing in the house of your petitioner, at aforesaid and that on diverse occasions during the said period, the dates of which are unknown to your petitioner, the said C. B. in your petitioner's said house committed adultery with the said X. Y.
4. That no collusion or connivance exist between me and my said wife for the purpose of obtaining a dissolution of our said marriage or for any other purpose.
Your petitioner, therefore, prays that this (Hon'ble) Court will decree a dissolution of the said marriage, and that the said X. Y. do pay the sum of rupees 5,000 as damages by reason of his having committed adultery with your petitioner's said wife, such damages Ito be paid to your petitioner, or otherwise paid or applied as to this (Hon'ble) Court seems fit.Form of verificationI, A. B., the petitioner named in the above petition, do declare that what is stated therein is true to the best of my information and belief.No. 2. Respondent's statement is answer to No. 1.In the Court of ................. the .......................... day ofBetween A. B., petitioner,C. B, respondent, andX. Y., Co-respondent.C. B., the respondent, by D. E., her attorney (or vakil), in answer to the petition of A. B., says that she denies that she has on diverse or any occasions committed adultery with X. Y., as alleged in the third paragraph of the said petition.Wherefore the respondent prays that this (Hon'ble) Court will reject the said petition.No. 3 Co-respondent's Statement in answer to No. 1.In the (High) Court ofThe day ofBetween A. B., petitioner,C. B., respondent, andX. Y., Co-respondent.X. Y., the co-respondent, in answer to the petition filed in this cause said that he denies that he committed adultery with the said C. B. as alleged in the said petition.Wherefore the said X. Y. prays that this (Hon'ble) Court will reject the prayer of the said petitioner and order him to pay the costs of and incident to the said petition.No. 4. Petition for decree of nullity of marriage.(See section 84)To the Judge ofThe day of 20The petition of A. B., falsely called A. D.Sheweth1. That on the .................... Day of .......................... one thousand nine hundred and ..................... your petitioner, then a spinster, ...................... eighteen years of age, was married in fact, though not in law, to C. D., then a bachelor of about thirty years of age, at
2. That form the said ........................ day of .................... one thousand nine hundred and ......................... until the month of ................ one thousand nine hundred and your petitioner lived and cohabited with the said C. D., at diverse places and particularly at .................. aforesaid.
3. That the said C. D. has never consummated the said pretended marriage by carnal copulation.
4. That at the time of the celebration of your petitioner's said pretended marriage, the said C. D. was by reason of his impotency or malformation, legally incompetent to enter into the contract of marriage.
5. That there is no collusion or connivance between her and the said C. D. with respect to the subject of this suit.
Your petitioner therefore prays that this (Hon'ble) Court will declare that the said marriage is null and voidForm of verification: See No. 1No. 5. Petition by wife for judicial separation on the ground of her husband's adultery.(See section 88)To the Judge ofThe day of 20The petition of C. B. of the wife of A. B.Sheweth.1. That on the day of ..........................., one thousand nine hundred and fifty .................., your petitioner, then C. D. ................... was lawfully married to A. B. at the Church of .................. in the
2. That after her said marriage, your petitioner co-habited with the said A. B. at ............ and ............ at ..........., and .............. that ............ your petitioner and her said husband have issue living of their said marriage , there children, to wit, etc. etc.
3. That on diverse occasion in or about the months of August, September and October, one thousand nine hundred and fifty .............. the said A. B, at ............... aforesaid, committed adultery with E.F., who was then living in the service of the said A. B. and your petitioner at their said residence aforesaid.
4. That on diverse occasions in the months of October, November and December, one thousand nine hundred and fifty ................. the said A. B. at ................ aforesaid, committed adultery with GH., who was then living in tHe service of the said A. B. and your petitioner at their said residences aforesaid.
5. That no collusion or connivance exists between your petitioner and the said A.B. with respect to the subject of the present suit.
Your Petitioner therefore prays that this (Hon'ble) Court will decree or judicial separation to your petitioner from her said husband by reason of his aforesaid adultery.Form of verification: See No. 1.No. 6 Statement in answer to No. 5.In the Court ofB against B.The day ofThe respondent, A.B., by W. Y., his attorney or (vakil), says,-1. That he denies that he committed adultery with E. F. as in the thira paragraph of the petition alleged.
2. That the petitioner condoned the said adultery with E. F., If any.
3. That he denies that he committed adultery with G. H. as in the fourth paragraph of the petition alleged.
4. That the petitioner condoned the said adultery with G. H., if any.
Wherefore this respondent prays that this Court will eject the prayer of the said petitioner.No 7. Statement in reply to No. 6In the Court ofB against B.The day ofThe petitioner C.B., by her attorney or (vakil), says,-1. That she denies that she condoned the said adultery of the respondent with E.F., as in the second paragraph of statement in answer alleged.
2. That even if she had condoned the said adultery the same has been revived by the subsequent adultery of the respondent with G. H, as set fourth in the fourth paragraph of the petition.
No. 8 Petition for a judicial separation by reason of cruelty.(See section 88)To the Judge ofThe day ofThe petition of A. B. (Wife of C. D.) of Sheweth.1. That on the ................ day of ..................., one thousand nine hundred and ...................., your petitioner, then A. D., spinster, was lawfully married to C. B., at
2. That from her said marriage, your petitioner lived and cohabited wity her said husband at .................. until the ...................... day of .............................., one thousand nine hundred and when your petitioner separated from her said husband as hereinafter more particularly mentioned and that your petitioner and her said husband have had no issue of their said marriage.
3. That from and shortly after your petitioner's said marriage, the said C. B. habitually conduced himself towards your petitioner with great harshness and cruelty, frequently abusing her in the coarsest and most insulting language, and beating her with his fists, with a cane, or with some other weapon.
4. That on an evening in or about the month of .................... one thousand nine hundred and ..........., the said C. B. in the highway and opposite to the house in which your petitioner and the said C. B. were then residing at aforesaid, endeavoured to knock your petitioner down, and was only prevented from so doing by the interference of F. D., your petitioner's brother.
5. That subsequently on the same evening, the C. B., in his said house at aforesaid, struck your petitioner with his clenched fists a violent blow on her face.
6. That on one Friday night in the month of one thousand and pipe hundred and the said C. B., in without provocation, threw a knife at your, petitioner, thereby inflicting a severe wound on her right hand.
7. That on the afternoon of the ..................... day of ............... one thousand nine hundred and ................, your petitioner, by reason of the great and continued cruelty practised towards her by her said husband, With assistance withdrew from the house of her said husband to the house of her father at, .................. that ........... from and after the said day of one thousand nine hundred and, your petitioner by reason of the great and continued cruelty practised towards her by her said husband, with assistance withdrew from the house of her said husband to the house of her father at , that from and after the said of one thousand nine hundred and, your petitioner has lived separate and a part from her said husband, and have never returned to his house or to cohabitation with him.
8. That there is no collusion or connivance between your petitioner and her said husband with respect to the subject of the present suit.
Your petitioner, therefore, prays that this Court will decree a judicial separation between your petitioner and the said C. B. and also order that the said do pay the costs of and incident to these proceedings.Form of verification : See No. 1.No. 9. Statement in answer to No. 8.In the Court ofThe day ofBetween A, B, petitioner andC, B., respondent.C.B., the respondent, in answer to the petition filed in this cause, by W.J., his attorney (or vakil), says that he denies that he has been guilty of cruelty towards the said A.B., as alleged in the said petition.No. 10. Petition for reversal of decree of separation.(See section 90)To the Judge ofThe day of 20The petition of A.B. ofSheweth1. That your petitioner was on the day of lawfully married to
2. That on the ................ day of this Court, at the petition of pronounced a decree affecting the petitioner to the effect following to wit,-
(Here set out the decree).3. That such decree was obtained in the absence of your petitioner, who was then residing at
(State facts tending to show that the petitioner did not know of the proceedings ; and further , that had he know he might have offered a sufficient defence,)orThat there was reasonable ground for your petitioner leaving his said or that his said wife(Here state any legal grounds, justifying the petitioner's separation from his wife)Your petitioner, therefore, prays that this Court will reverse the said from decree.Form of verification : See No. 1.No. 11. Petition for protection order.(See section 93)To the Judge ofThe day of 20The petitioner of C. B., .................................................. of the wife of A. B.ShewethThat on the ................. day of ................... married to A. B. at.That she lived and cohabited with the said A. B. for .................. years at ..................., and also at, and has had children, issue of her said marriage, of whom ...................., are now living with the applicant, and wholly dependent upon her earnings.That on or about ......................., the said A. B., without any reasonable cause deserted the applicant, and have ever since remained separate and apart from her.That since the desertion of her said husband, the applicant have maintained herself by her own industry (or on her own property, as the case may be,) and have thereby and otherwise acquired certain property consisting of (here state generally the nature of the property).Wherefore she prays an order for the protection of her earnings and property acquired since the said day of from the said A. B., and from all creditors and persons claiming under him.No. 12. Petition for alimony pending the suit.(See section 102)In the (High) Court ofB against B.To the Hon'ble Mr. Justice(or To the Judge of)The day of 20The petition of C. B., lawful wife of A. B.Sheweth1. That the said A. B. has for some years carried on the business of .................. at ................., and from such business derives the net annual income of from Rs. 4,000 to 5,000.
2. That the said A. B. is possessed of plate, furniture, linen and other effects at his said house aforesaid, all of which he acquired in right of your petitioner as his wife, or purchased with money he acquired through her, of the value of Rs. 10,000.
3. That the said A. B. is entitled under the will of his father, subject to the life-interest of his mother therein, to property of the value of Rs. 5,000 or same other considerable amount.
Your petitioner, therefore, prays that this (Hon'ble) Court will decree such sum or sums of money by way of alimony, pending the suit, as to this (Hon'ble) Court may seem meet.Form of verification : See No. 1No. 13 Statement in answer to No. 12.In the Court ofB against B.A. B. of ............................................................., the above-named respondent in answer to the petition for alimony, pending the suit of C. B. says-1. In answer to the first paragraph of the said petition I say that I have for the last three years carried on the business of ................., at ........................, and that from such business I have derived a net annual income of Rs. 900 but less than Rs. 1,000.
2. In answer to the second paragraph of the said petition I say that I am possessed of plate, furniture, linen and other chattels and effects at my said house ................... aforesaid, of the value of Rs. 7,000, but as I verily believe of no larger value. And I say that a portion of the said plate, furniture and other chattels and effects of the value of Rs. 1, 500 belonged to my said wife before our marriage, but the remaining portions thereof I have since purchased with my own moneys. And I say that, save as hereinbefore set forth, I am not possessed of the plate and other effects as alleged in the said paragraph in the said petition, and that I did not acquire the same as in the said petition also mentioned.
3. I admit that I am entitled under the will of my father subject to the life-interest of my mother therein, to property of the value of Rs. 5,000, that is to say, I shall be entitled under my said father's will upon the death of my mother, to a. legacy of Rs. 7,000, out of which I shall have to pay to my father's executors the sum of Rs. 2,000, the amount of a debt owing by me to his estate, and upon which debt I am now paying interest at the rate of five per cent per annum.
4. And, in further answer-to the Said, petition, I say that I have no income whatever except that derived from my aforesaid business, .that such income since my said wife left me, which she did on the ................. day of ........................ last, has been considerably diminished, and that such diminution is likely to .................... continue. And I say that out of my said income, I have to pay the annual sum of Rs. 100 for to such interest as aforesaid to my, late father's executors, and also to support myself and my two eldest children.
5. And, in further answer to the said petition, I say that when my wife left my dwelling house on the ................ day of last, she took with her, and has ever since withheld and still withholds from me, plate, watches and other effects in the second paragraph of this my answer mentioned, of the value of, as I verily believe, Rs. 800 at the least ; and I also say that, Within five days of her departure from my house as aforesaid, my said wife received bills due to me from certain lodgers of mine, amounting in the aggregate to Rs , and that she has ever since withheld and still withholds from me the same sum.
No. 14. Undertaking by Minor's next friend to be answerable for respondent's costs.(See section 115).In the (High) Court ofI, the undersigned, A. B., of , .................... being the next friend of C. D., who is a minor, and who is desirous of filing a petition in this Court, under the Jammu and Kashmir Christian Marriage and Divorce Act, against D. D. of ......................, hereby undertake to be responsible for the costs of the said D. D., in said suit, and that, if the said C. D. fail to pay to the said D. D. when and in such manner as the Court shall order all such costs of such suit as the Court shall direct him (or her) to pay to the said D. D., I will forthwith pay the same to the proper officer of this Court.Dated this ..................................... day of ,19
No comments:
Post a Comment