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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
IN THE COURT OF THE _____________ JUDGE AT _________
HMA CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. W_________ PETITIONER
VERSUS
MRS. H __________ RESPONDENT
PETITION FOR PERMANENT ALIMONY AND MAINTENANCE UNDER SECTION 25 OF HINDU MARRIAGE ACT, 1955
MOST RESPECTFULLY SHOWETH:
The Petitioner, above named submits as under:
1. That marriage of the Applicant and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure A.
2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under:
HUSBAND
BEFORE MARRIAGE.
Age Address Status
AFTER MARRIAGE
Age Address Status
WIFE
BEFORE MARRIAGE
Age Address Status
AFTER MARRIAGE
Age Address Status
3. That the marriage has not been consummated.
4. That the Petitioner and her husband were living together happily at the matrimonial house. That on _______ husband of the Petitioner has attached her and told her to go and live in her parental home. Since then the Petitioner is living at her parental home.
5. That the Petitioner does not own any movable or immovable property and she has no source of income.
6. That the Respondent owns Flat No___________ admeasuring ____ sq mtr at ______, Flat No. __________ admeasuring ______ sq ft at ___________ and Agricultural land of _________ acres at ______________.
7. That the Respondent is working with Central Government _________ department and earning salary of Rs. ____________ per month after all deductions.
8. That the Respondent has no other liability, while the Petitioner is dependent upon him for her day to day expenses.
9. That the Respondent has not made any provision for maintenance of the Petitioner.
10. That Petition under Section 13 of the Hindu Marriage Act filed by the Petitioner on the ground of cruelty at the hands of Respondent is already pending before this Hon'ble Court vide Case No____ of _____ in the Court of __________.
11. That the Petitioner has not remarried and has not been guilty of any conduct disentitling her to received maintained from the respondent.
12. That the Petitioner is accordingly entitled to claim alimony for her maintenance to meet her day to day expenses.
13. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
P R A Y E R
That the Petitioner, therefore, prays:
a) for grant of maintenance or alimony and for a direction to the Respondent that he shall pay to her maintenance or alimony for her maintenance and support, until here death or until she remarries; and
b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.
PETITIONER
THROUGH
______________., Advocate
Place :
Date :
VERIFICATION
I, W, the Petitioner, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me.
Signed and verified this _______ day of _______ 20 _______ at _______
PETITIONER
Guidelines for Drafting a Petition for Permanent Alimony and Maintenance under Section 25 of the Hindu Marriage Act, 1955:
This petition is used when one spouse seeks financial support (permanent alimony and maintenance) from the other spouse after the dissolution of a Hindu marriage. Here are guidelines for drafting such a petition and common mistakes to avoid:
Heading: Begin with the title "In the Court of [Name of the Appropriate Court]" and include the names of the petitioner and respondent.
Personal Details: Clearly identify both parties with their full names, addresses, marital statuses, and occupations.
Marriage Details: Provide information about the date and place of the marriage, the dissolution of the marriage, and any relevant details about the marriage ceremony.
Grounds for Alimony: State the grounds for seeking alimony and maintenance, including your financial circumstances and needs, and the respondent's ability to provide support.
Supporting Evidence: Attach supporting documents, such as income statements, bills, or medical reports, to substantiate your claims.
Prayer for Relief: Conclude the petition with a prayer requesting the court to grant permanent alimony and maintenance under Section 25 of the Hindu Marriage Act.
Common Mistakes to Avoid:
Inaccurate Information: Ensure that all details are accurate and complete, with no factual errors.
Lack of Specifics: Provide specific details about your financial needs and the respondent's financial capacity to meet those needs.
Failure to Attach Evidence: Include all necessary documents and evidence to support your case.
Ignoring Legal Counsel: Consult with an attorney experienced in family law to ensure compliance with legal procedures.
Not Responding to Court Orders: Be prompt in responding to court orders and attend hearings to avoid adverse judgments.
Drafting a petition for permanent alimony and maintenance is essential for securing financial support after the dissolution of a marriage. Legal consultation is advisable to navigate the process effectively and ensure that the petition is well-prepared and compliant with the Hindu Marriage Act.