Format of Suit For Christian Judicial Separation

Suit For Christian Judicial Separation

The procedure to dissolve Christian marriage is different from Muslim marriage. The suit for christian judicial separation can be brought by either husband or wife. Related law is Divorce act, 1869 which solely regulates matter of christian marriage. In this act there three modes to dissolve christian marriage which are (1) Dissolution of marriage (Click here: the draft of suit for dissolution of christian marriage) (2) Nullity of Marriage and (3) judicial separation.

Judicial Separation

According to Section 22 of the Divorce Act, 1869, No decree shall hereafter be made for a divorce a mensa er toro, but the husband or wife may obtain a decree in a suit for christian judicial separation, on the ground of adultery, or cruelty, or desertion without reasonable excuse for two years or upwards, and such decree shall have the effect of as divorce mensa et toro under the existing law, and such other legal effect as hereinafter mentioned.

The parties in a suit for christian judicial separation of christian marriage can raise any above mentioned grounds. A decree of judicial separation is a court order similar to divorce, under which the couple remains legally married but their normal marital obligations cease and they no longer have to go on living together.

If a couple decides that they wish to become full marriage partners again, they can apply for their judicial separation to be rescinded by the courts

Format of Suit For Christian Judicial Separation

As an example a sample draft of suit for christian judicial separation has been provided below.

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI

Mst. JRI daughter of I Masih resident of ________________________ Rawalpindi

…Plaintiff

Versus

SS alias Munna resident of ______________________________________, Rawalpindi

…Defendant

SUIT FOR CHRISTIAN JUDICIAL SEPARATION UNDER SECTION 23 OF DIVORCE ACT 1869

Respectfully Sheweth,

  1. That the plaintiff was married to the defendant on_____ according to the Christian marriage Law.
  2. That soon-after the marriage, the treatment of the defendant become very harsh, misbehaving, maltreating towards the plaintiff and during the ABADI did not maintain to the plaintiff.
  3. That the defendant has not paid the alimony to the plaintiff while the plaintiff asked many times to pay the alimony to the plaintiff but he refused to pay the same.
  4. That the defendant from the very beginning of the matrimonial life, did not bother to provide any maintenance and other basic necessities of life and he adopted the cruel attitude and behavior towards the plaintiff and on the petty matter mercilessly beaten the plaintiff.
  5. That the defendant after the solemnization of marriage has not paid any heed towards the expenditures and other liabilities and shows his irresponsibility regarding the maintenance of the plaintiff as well as social protection of the plaintiff.
  6. That the defendant during this period involved different disputes and quarrel with some persons, he also took a loan from different persons and did not return the same and result thereof the unknown persons came to the house and humiliate the plaintiff and defendant escape away and did not face the persons.
  7. That the defendant pressurize the plaintiff to get the money regularly basis from her parents and in this regard, the plaintiff’s parents supported her financially as well as socially from very beginning just to sack of the matrimonial bonds of the plaintiff but the defendant did not tried to change himself and feel any responsibility in this regard.
  8. That the plaintiff due to the above-mentioned behavior, attitude of the defendant mostly spend the time along with her parents, who in this regard maintain her.
  9. That the plaintiff have no option but to live with her parents and depends on them and the plaintiff is residing with her parents from many years.
  10. That the character and behavior of the defendant is not acceptable, thus the great hatred has been established in the mind and heart of the plaintiff against the defendant due to the above said reasons and she prefer herself to live separately and she did not ready to reside with the defendant at any cost.
  11. That the plaintiff asked the defendant to change his behavior and character and shows his responsibilities regarding maintenance of the plaintiff but he is adamant to hear anything reasonable, hence this suit.
  12. That the cause of action accrued 3 years ago and the same is still continuing.
  13. That the parties are residing at Rawalpindi and this Honorable Court has jurisdiction to entertain and decide the matter.
  14. That the prescribed court fee has been affixed on the plaint.

PRAYER

It is, therefore, respectfully prayed that the suit for christian judicial separation of the plaintiff may please be decreed under the divorce Act of 1869 in favor of the plaintiff and against the defendant with costs, so that the end justice could be fulfilled.

Plaintiff

Through

Counsel(s)

Advocate High Court.

Verification:-

Verified on Oath at Rawalpindi on this   day of June 2006, that the contents of the para No. 1 to 8 are true and correct to the best of our knowledge and belief and rest of the paras are believed to be true and correct.

Plaintiff

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI

Mst. JRI daughter of I Masih resident of ________________________ Rawalpindi

…Plaintiff

Versus

SS alias Munna resident of ______________________________________, Rawalpindi

…Defendant

SUIT FOR CHRISTIAN JUDICIAL SEPARATION UNDER SECTION 23 OF DIVORCE ACT 1869

Affidavit

That I Mst. JRI daughter of I Masih resident of ________________________ Rawalpindi

DO HEREBY SOLEMNLY AFFIRM AND DECLARE AS UNDER:-

That the contents of above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

Deponent

Verified on oath at Rawalpindi on this        day of Aug 2007 that the deposition is true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

Deponent

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI

Mst. JRI daughter of I Masih resident of ________________________ Rawalpindi

…Plaintiff

Versus

SS alias Munna resident of ______________________________________, Rawalpindi

…Defendant

SUIT FOR CHRISTIAN ALIMONY ALLOWANCE @ RS. 3000/- PER MONTH FROM SEPTEMBER 2004 TO AUGUST 2007 AND FOR FUTURE AT THE SAME RATE

Respectfully Sheweth,

  1. That the plaintiff was married to the defendant on 03-12-1993 according to the Christian marriage Law.
  2. That soon-after the marriage, the treatment of the defendant was very harsh, misbehaving, maltreating towards the plaintiff and during the ABADI did not maintain to the plaintiff.
  3. That the defendant has not paid the alimony to the plaintiff while the plaintiff asked many times to pay the alimony to the plaintiff but he refused to pay the same.
  4. That the defendant from the very beginning of the matrimonial life, did not bother to provide any maintenance and other basic necessities of life and he adopted the cruel attitude and behavior towards the plaintiff and on the petty matter mercilessly beaten the plaintiff.
  5. That the defendant after the solemnization of marriage has not paid any heed towards the expenditures and other liabilities and shows his irresponsibility regarding the maintenance of the plaintiff as well as social protection of the plaintiff.
  6. That the defendant during this period involved different disputes and quarrel with some persons, he also took a loan from different persons and did not return the same and result thereof the unknown persons came to the house and humiliate the plaintiff and defendant escape away and did not face the persons.
  7. That the defendant pressurize the plaintiff to get the money regularly basis from her parents and in this regard, the plaintiff’s parents supported her financially as well as socially from very beginning just to sack of the matrimonial bonds of the plaintiff but the defendant did not tried to change himself and feel any responsibility in this regard.
  8. That the plaintiff due to the above-mentioned behavior, attitude of the defendant mostly spend the time along with her parents, who in this regard maintain her.
  9. That the plaintiff have no option but to live with her parents and depends on them and the plaintiff is residing with her parents from many years.
  10. That the character and behavior of the defendant is not acceptable, thus the great hatred has been established in the mind and heart of the plaintiff against the defendant due to the above said reasons and she prefer herself to live separately and she did not ready to reside with the defendant at any cost.
  11. That the plaintiff asked the defendant to change his behavior and character and shows his responsibilities regarding maintenance of the plaintiff but he is adamant to hear anything reasonable, hence this suit.
  12. That the cause of action accrued 3 years ago and the same is still continuing.
  13. That the parties are residing at Rawalpindi and this Honorable Court has jurisdiction to entertain and decide the matter.
  14. That the prescribed court fee has been affixed on the plaint.

PRAYER

It is, therefore, respectfully prayed that the suit of the plaintiff may please be decreed for judicial separation under the divorce Act of 1869 in favour of the plaintiff and against the defendant with costs, so that the end justice could be fulfilled.

Plaintiff

Through

Counsels(s)

Advocate High Court.

Verification:-

Verified on Oath at Rawalpindi on this   day of June 2006, that the contents of the para No. 1 to 8 are true and correct to the best of our knowledge and belief and rest of the paras are believed to be true and correct.

Plaintiff

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI

Mst. JRI daughter of I Masih resident of ________________________ Rawalpindi

…Plaintiff

Versus

SS alias Munna resident of ______________________________________, Rawalpindi

…Defendant

SUIT FOR CHRISTIAN JUDICIAL SEPARATION UNDER SECTION 23 OF DIVORCE ACT 1869

Affidavit

That I Mst. JRI daughter of I Masih resident of ________________________ Rawalpindi

DO HEREBY SOLEMNLY AFFIRM AND DECLARE AS UNDER:-

That the contents of above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

Deponent

Verified on oath at Rawalpindi on this        day of Aug 2007 that the deposition is true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

Deponent

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