Suit for divorce under the Christian Law explains the procedure under section 10 of the Christian Divorce Act, 1869. This is the specimen to file the suit for divorce before the senior civil judge of the district.
IN THE COURT OF SENIOR CIVIL JUDGE, WITH POWERS OF FAMILY JUDGE, (Name of the District)
Petition No. ______________________________/
Name, parentage, and address of the 1st party.
Name, parentage, and address of the 2nd party.
Note: Children can also be a party.
Petition U/S 10 OF THE CHRISTIAN DIVORCE ACT 1869, READ WITH ALL OTHER ENABLING PROVISIONS OF LAW FOR EFFECT DIVORCE BETWEEN THE PARTIES.
- That the Plaintiff got married to the Respondent on ————— in accordance with the Christian Marriage Law and in the result of consumption of marriage there is no child till day. Copy of the marriage certificate is attached.
- That initially the relationship between the spouses remained cordial, however in the meanwhile it transpired that the Respondent is not a man of good character. The Petitioner just to save matrimonial ties requested the Respondent to mend his ways but in vain. After a few months of the marriage, the Respondent became irrational to his matrimonial life and started abuse obscenities to and beaten to the Petitioner on minor domestic issues.
- That few months earlier the Petitioner feel some doubtable habits in the Respondent i.e. the Respondent is having Phone calls somewhere and talking with very knavish and arrogantly with someone, and suddenly call disconnected as the Petitioner appeared there. The Petitioner noticed a number of times and asked the reason to disconnect the call, the Respondent one-tail color goes flying and trying to around the flap. The number of times the Petitioner called for some work in a day and felt that he is with any female, as once she (Petitioner) called to Respondent and she listens unknown female voice calling the Respondent as “come my love am waiting”, as the call dropped, thereafter the Petitioner again tried to call the Respondent, but Respondent did not receive the call of the Petitioner.
- That the Respondent has committed adultery and has willfully deserted the Petitioner, the Petitioner numerously tried to inquire about the matter which caused the domestic violence. The Respondent tried to hide his illegitimate relations but the Petitioner got some objectionable pictures with other unknown females. Copies of the pictures are attached.
- That there is no collusion on the part of the Petitioner with the Respondent in the institution of the instant petition, Hence this petition.
- That the friends and colleagues of the Petitioner told her that they often times saw the Respondent with some other unknown girls in the markets and cafes.
- That when the Petitioner asked the Respondent about these unknown females and their pictures, the Respondent annoyed and misbehaved with the Petitioner.
- That the Petitioner along with her elders approached the Respondent and his family and requested him to live with the Petitioner within the limits prescribed by Christen Act, customs but the Respondent refused to accept the request of Petitioner.
- That the Petitioner seeks kind intervention of the court to pass and order of divorce/separation in favor of the Petitioner and against the Respondent, who has failed to fulfill her responsibilities, hence this petition.
- That the cause of action arose in favor of the Petitioner and against the Respondent firstly when the Petitioner discovered the aforementioned objectionable articles, secondly when the Petitioner called the Respondent and he was not traceable thirdly when the Respondent willfully deserted the Petitioner in order to commit adulterous acts.
- That the Petitioner is residing at (name of the District), cause of action accrued at (name of the District), therefore, this Honorable Court has the jurisdiction to try this suit.
- That the requisite court fee has been affixed on the plaint.
It is, most respectfully prayed under the circumstances mentioned above, that a decree/order of divorce/separation may please be passed in favor of the Petitioner and against the Respondent with the cost.
Any other relief, if the court deems fit and proper may also be awarded.
Name of the Counsel
It is verified on oath at ——— on ———— that the contents of paragraph No. 1 to 9 are correct and true to the best of my knowledge and those from para No. 10 to 12 are true to the best of my information and belief.
Suit for the divorce under the Christian Law may be file as per the above format and annex the marriage certificate, CNIC, and power of attorney along with a set of documents.