Bare Acts

The First Schedule : Form of Petition (See section 7)


Stamp

To the Judge of the Civil Court of ……………………………………
The……………………………………day of……………. 18…………
The petition of A. B. of ……………………………………………….
Sheweth :-
1. That your petitioner was born on or about the …………day of ………18…….
2. That your petitioner was on the …………..day of ………in the year
18…………lawfully married to C. D.. at……………………………………………
3. That the said C. D. is now of the age of ……………………….years or thereabouts.
4. That after his said marriage, your petitioner lived and cohabited with his said wife
at………………………..aforesaid until the ………….day of
……………………………….18…………………
5. That previous to the ……………………………day of ……………………18………your
petitioner changed his religion for Christianity, and that on such day he was baptised
and became a member of the Church of………………….
6. That on the ………………day of ………..18……[at least six months prior to the date of
the petition], the said C. D. deserted your petitioner, and has not since resumed
cohabitation with him.
7. That such desertion was in consequence of your petitioner’s said change of religion.
8. That there is no collusion nor connivance between your petitioner and the said C. D.
Your petitioner therefore prays that Your Honour will order the said C. D. to live and
cohabit with your petitioner, or declare that your petitioner’s marriage is dissolved.
Form of Verification
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I, 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.
Foot Notes
1. The Act has not been extended to the State of Manipur, vide Act No. 30 of 1950; has
been repealed in its application to Bellary district by Mysore Act No. 14 of 1955; has
been extended to Dadra and Nagar Haveli by Reg. 6 of 1963.
2. The word "Native" omitted by the A.O. 1950.
3. In its application to Pondicherry, after section 1, insert-
"2. Saving.- Nothing contained in this Act shall apply to the Renouncants of the Union
territory of Pondicherry"- (Vide Act No. 26 of 1968).
4. Substituted by the A.O. 1950, for the words "the Provinces" which had been
substituted by the A.O. 1948, for the words "British India".
5. Substituted by the A.O. 1950, for the words "Native law".
6. The paragraph relating to "Number" omitted by Act No. 10 of 1914, and the definition
of "High Court" omitted by the A.O. 1937.
7. The words "shall bear a stamp of two rupees, and" omitted by Act No. 7 of 1870.
8. The words and figures "or in Acts Nos. XXV of 1864 and V of 1865" omitted by Act
No. 16 of 1874.
9. The words "and no Clergyman of such Church shall be liable to any suit or penalty
under the provisions of either of the two Acts last hereinbefore mentioned, for
solemnizing any such marriage" omitted by Act No. 16 of 1874.
10. Substituted by the A.O. 1948.
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11. Substituted by the A.O. 1950, for the words "all the Provinces of India".
12. Substituted by Act No. 48 of 1959, w.e.f. 1st. February, 1960.
13. The words "Rs. two" omitted by Act No. 12 of 1891. 

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