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Matrimonial
Download Indian matrimonial law templates: divorce, judicial separation, restitution, nullity, maintenance (CrPC 125/128), alimony, separation deeds, and family settlements.
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Quick Overview
All templates are provided for reference and should be reviewed by legal professionals before use.
Frequently Asked Questions
Common questions about Matrimonial legal templates
What types of documents are included in this Matrimonial directory?
Templates cover divorce (contested/mutual consent), judicial separation, restitution of conjugal rights, nullity/annulment, maintenance petitions and replies, alimony pendente lite, separation and family settlement deeds, custody/maintenance agreements, and marriage registration petitions.
When is a maintenance petition under Section 125 CrPC appropriate?
Use it to seek monthly maintenance for a wife, children, or parents unable to maintain themselves when a person with sufficient means neglects or refuses support; related enforcement lies under Section 128 CrPC.
What is restitution of conjugal rights under Section 9 of the Hindu Marriage Act?
It allows a spouse to petition the district court for a decree directing the other spouse to resume cohabitation when there has been withdrawal from society without reasonable cause.
What are the essentials of divorce by mutual consent?
Parties must jointly petition, show they have lived separately for at least one year, are unable to live together, and mutually agree to dissolve the marriage, followed by a second motion after a cooling-off period unless waived.
What is alimony pendente lite?
It is interim maintenance and litigation expenses sought during the pendency of matrimonial proceedings to support a spouse lacking sufficient independent income.
What grounds are typically used for judicial separation or divorce?
Common grounds include cruelty, adultery, desertion, and other statutory grounds under personal laws like the Hindu Marriage Act or the Special Marriage Act.
What is the difference between nullity and divorce?
Nullity/annulment challenges the validity of the marriage on specified grounds rendering it void or voidable, whereas divorce dissolves a valid marriage.
What drafting elements should be included in a divorce or judicial separation petition?
Jurisdiction, marriage details, cause of action and statutory grounds, facts and evidence, children/custody details, maintenance/alimony claims, and a clear prayer with annexures.
When should a separation deed or family settlement be used?
Use these to record agreed terms on living separately, maintenance, child custody/visitation, property division, and dispute resolution, especially when parties opt for negotiated arrangements.
Can a respondent file a written statement in a maintenance case?
Yes, a written statement/reply can contest maintainability, income assertions, dependency, and quantum, and should include supporting financial documents and legal grounds.