Family Court Forms

(See section 22)
 

  In the Court of Ms..................................,Family Courts, District..................., New Delhi
 

Ms. ..................... Petitioner
 

Mr. ..................... Respondent

The humble petition of Ms............................... of No. the wife of Mr........................ residing at..........

SHOWETH:

1. That on the............ day of............ your petitioner, then .......................... (maiden name) was legally married to respondent ............. lived /cohabited at ............ and ............ and the said marriage is still subsisting.

2. That ever since the said marriage, your petitioner and the respondent Ali lived/cohabited at............ and they have the following issue living of their said marriage.(State the respective ages of the children).

3. That on various occasions between the month of............ and the month of............ the respondent  as staying at............ committed adultery with one .............. who was then serving ...... and petitioner at their said residence aforesaid against the wishes and despite of protest from your petitioner.

4. That petitioner has not condoned any acts of adultery by the respondent.

5. That there is no connivance or collusion between ........petitioner and the said ...................... relating to subject of present suit. petitioner hence prays that this (Hon'ble) Court might be pleased to pass a decree of a judicial separation of petitioner from her said husband due to his above stated act of adultery.

Signed

CB
 

I, Ms............. wife of Mr........... daughter of XY aged about ............ years residing at ........ do hereby solemnly affirm and say as follows:

I am the petitioner above-named and I know and I have made myself acquainted with the facts and circumstances of this case.

The statements made in paragraphs 1 to 5 are true to my knowledge and belief.

I sign this verification on this ............... day of............... at the Court House at................

Before me Notary

Signature of Ms.               

Signature of Advocate
 

Ms. ..................... Petitioner
 

versus
 

Mr. ..................... Respondent

The humble petition of AB of (full name, occupation with address)

SHOWETH:

1. That the parties of all material times per these proceedings were at present Christian by faith/religion.

2. That on the............ day of............... your petitioner, then a spinster, aged about............ years went through an alleged marriage with the respondent (at someplace in India, state the place) and since that date known as factually married, though not per law, to CD, then a bachelor of about 30 years of age.

3. That since that marriage on the ............ day of............... and until the ............ day of............ petitioner and the respondent cohabited and lived to together at various places such as ............... and lastly at............... .

4. That said CD has never sexually celebrated the said pretended marriage by sexual inter course.

5. That at the time of the celebration of your petitioner's said alleged marriage, the said CD was and still his impotency/malformation, legally incompetent to enter into the contract of marriage.

(State other reason if applicable, e.g., prohibited degree, lunacy, idiocy, etc.)

6. That there is no connivance/collusion between the parties with respect to the subject of these proceedings.

Your petitioner hence prays that this (Hon’ble) Court might be pleased to declare the said marriage as nullity.

Signed AB
 

I am the petitioner above-named and I know the facts and circumstances of this case.

The statements made in paragraphs Nos. 1 to 6 of the petition are true to my best knowledge and belief and that I have not suppressed any material fact.

I sign this verification on this .................. day of ............... at the Court House at...............

AB

Before me

Notary

Signature

Advocate
 

Ms. ..................... Petitioner
 

versus
 

Mr. ..................... Respondent

1. That on the............ day of............ the above suit was filed by petitioner against the respondent (brief the nature of relief asked for and the position of the suit).

2. That the said Mr............is in most circumstances for past some years due reason of his service (brief about designation etc.,) he alone receives the net annual income of Rs. ............... from this service. The said service is permanent.

3. That over and above the said service, he has other resources and incomes, e.g., the house property at No........which alone gives an income of Rs......... per month and various shares/securities (state briefly particulars) all of same he acquired per right of petitioner as his wife or bought with money received through her, of the total value of Rs. ............ .

4. That the said Mr..................., have a right under the will of his father, subject to life interest of his mother therein, to property of value of Rs. ............

Your petitioner, hence prays that this (Hon’ble) Court will order for payment of such sum/sums of money due to alimony, pending the suit, as this (Hon’ble) Court may deem fit.
 

I, Mrs........., wife of Mr.............. and daughter of ………aged about ............ years by occupation housewife residing at ............ do hereby solemnly affirm and say as follows:

I am the petitioner above-named and I know and I have made myself acquainted with the facts and circumstances of this case.

The statements in paragraphs 1 to 4 of the petition hereinabove are true to my knowledge and belief.

I sign this verification on this………

Day of……..at the court House at…..

Deponent
 

Ms. ..................... Petitioner

versus

1. Mr. .....................

2. Mr. .....................  Respondents

The petitioner, abovenamed, states as follows :

1. The petitioner and Respondent No. 1 were married on _______at _______ and the parties were and are Hindus.

2. After the aforesaid marriage, the petitioner and the respondent lived as man and wife at the house of Respondent No. 1 at _______ until _______

3. On _______ or thereabout, the father of Respondent No. 2, Shri _______ came to the petitioner’s matrimonial home and claimed that his daughter, Respondent No. 2, was married to Respondent No. 1 and he refused or neglected to live with her.

4. Alarmed by the disclosure the petitioner asked her brother to investigate if the claim of Respondent No. 2 was in fact true. On investigation she learnt from her brother, Shri _______, that the claim of Respondent No. 2 that she was married to Respondent No. 1 about 10 years back is correct.

5. On or about the_______, the petitioner asked Respondent No. 1 about his marriage with Respondent No. 2 but his answers were evasive verging on defiance. Dissatisfied with the answers of Respondent No. 1’s marriage with Respondent No. 2 and believing the information given by her brother the petitioner left her matrimonial home on. _______ and she has been living with her parents.

6. As the marriage was solemnized at _______, this Court has jurisdiction to entertain this petition.

The petitioner, therefore, prays :

(a) the petitioner’s marriage with the respondent be declared null and void;

(b) the petitioner be awarded permanent alimony :

(c) such other relief as the circumstances of the case justify.

_____________________

Petitioner.

I, _______ petitioner abovenamed, do hereby declare that the contents of Paras 1 to 6 are true to my knowledge.

Verified at _______ on the date after my signature.

Dated. _______. Petitioner.
 

THIS DEED of adoption made on this _______________ day of ______________ between Sh._________ ,s/o ____________________,r/o ________________ (hereinafter called "the adoptive father") of one part AND Sh. __________________s/o ______________________r/o ___________________, (hereinafter called "the natural father") of the other part.

WHEREAS

1. The adoptive father has no issue, male or female, and having regard to his circumstances, he has no expectation of having any issue.

2. The adoptive father and his wife want to adopt a child as their son/daughter.

3. The natural father has three children, all sons.

4. The adoptive father, with the consent of his wife, has approached the natural father for giving in adoption one of his sons named _______(name of the child).

5. The natural father has, with the consent of his wife, consented to his said son being given in adoption.

6. The ceremony of giving and taking in adoption has been duly performed along with other religious ceremonies customary with the parties on the day of ____________.

7. The parties considered it expedient and necessary that a proper deed of adoption be executed as an authentic record of adoption.

NOW THIS DEED WITNESSESETH AS FOLLOWS:

1. Declaration of Adoption The parties hereto do hereby declare that the adoptive father has duly adopted the said child as his son from the day of _________ i.e. the day on which ceremony of giving and taking in adoption has been duly performed along with other religious ceremonies customary with the parties.

2. Legal rights and liabilities of adopted son The said son has been transferred to the family of adoptive father and shall have, from the date of adoption, all the legal rights and liabilities of an adopted son.

3. Maintenance, etc. of adopted son The adoptive father shall be liable for the maintenance, education and other expenses of the adopted son and shall bear all such expenses in accordance with his status. IN WITNESS WHERE OF, the parties hereunto have signed this deed this ______________day of _________.

WITNESS:

1. _____________________

THE ADOPTIVE FATHER

2. ____________________

THE NATURAL FATHER
 

THIS DEED of adoption made on this___________ day of ______________by Sh.___________, s/o Sh.______________ r/o________________

WHEREAS
1. I have no issue of my own and have no expectation of having any issue due to the reason of having become quite aged.
2. I have long been anxious to adopt a suitable boy as our son.
3. I have, after taking consent of my wife, adopted ___________ aged _________, residing in _______________ (name and address of the orphanage) and the said child has been given in adoption to me by the superintendent of the said orphanage, with the prior permission of the court vide dated _______, a copy of which is annexed hereto.
4. The ceremony of giving and taking in adoption has been duly performed on ________ along with other religious ceremonies. NOW I, ____________, hereby declare I have adopted the said child as my son and the said child shall have, from the date of adoption, all the legal rights and liabilities of my adopted son.

IN WITNESS WHERE OF, I am signing this deed this ___________ day of ______________. WITNESS:

1. ________________

Sh.______________

2. Note: If the adoption is from some orphanage there should be annexed a certificate from the head of the orphanage certifying that he had satisfied himself that the adoption would be for the welfare of the child. In case, the child has reached the age of understanding the certificate should further state that he had also obtained the willingness and ascertained the wishes of the child. Further, the permission of the competent court had also been obtained.
 

THIS DEED of adoption made on this________ day of __________by ______________, widow of Late Sh.______________ r/o______________.

WHEREAS
1. My husband died on ___________ and we had no son, son’s son or son’s son’s son.
2. I have this day adopted __________ (name of the child), son of Sh ._____________r/o __________________, aged ___ as my son and the said child having been given to me in adoption by his father with the consent of the child’s mother.
3. The ceremony of giving and taking in adoption has been duly performed on ________ along with other religious ceremonies.

NOW I, ____________, hereby declare that I have adopted the said child as my son and the said child has been transferred to the family of my husband and shall have, from the date of adoption, all the legal rights and liabilities of an adopted son. I further confirm that I have executed this deed out of my free will without any compulsion from any person.

IN WITNESS WHERE OF, I am signing this deed this ____________day of __________.

Witness: 1.Mr. __________________

Witness  2. Smt.______________

AA _________ Guardian

BB _________. Applicant.

Application under Section 39, Guardians and Wards Act.
 

The applicant abovenamed humbly submits—

1. That AA. abovenamed was appointed guardian of the person and property of the abovenamed minor by an order of this Court dated _________ in this case.

2. That the said AA. has not been keeping good health ever since he was appointed guardian of the minor.

3. That on account of his ill health the said AA. is incapable of performing the duties of his trust and has continuously failed to discharge his duties.

4. That it is in the interests of justice that the said AA. be removed from the office of guardian of the minor and some other suitable person be appointed guardian in his place.

It is, therefore, prayed that AA. appointed guardian of the minor by this Court be removed and in his place some other suitable person be appointed guardian of the minor and of his property.

Dated _________

BB.

Applicant.  
 

-----------------------------------------------------------------

---------------------------------------------------------------------

Surrogate Parenting Agreement

This Agreement is made on ________________ (Date), by and between ____________________________________, a married woman (Referred to
as Surrogate), ________________________________, her husband (Referred to as Surrogate's Husband), who both reside at
___________________________________________ (Address) and ________________________________, (Referred to as Natural Father), who resides
at ____________________________________________________ (Address). 

RECITALS

This Agreement is made with reference to the following facts:

A. Natural Father is a married man over the age of __________ (______) (Eighteen (18) or Applicable Age Required by Statute) years
who desires to enter into this Agreement, the sole purpose of which is to enable the Natural Father and his wife, who cannot
conceive, to have a child who is biologically related to the Natural Father.

B. Surrogate and Surrogate?s Husband are over the age of _________ (______) (eighteen (18)) years and both desire and are willing
to enter into this Agreement subject to the terms and conditions contained in this Agreement.NOW THEREFORE, in consideration of the
mutual promises, representations, terms and conditions contained in this Agreement, the parties agree as follows: 

CLAUSE ONE

Surrogate represents that she is capable of conceiving children. Surrogate understands and agrees that in the best interests of the
child she will not form or attempt to form a parent-child relationship with any child or children she may conceive, carry to term, and
give birth to, pursuant to this Agreement. 

CLAUSE TWO

Surrogate and Surrogate's Husband have been married since _____________ (Date). Surrogate's Husband agrees with the purposes and
provisions of this Agreement and acknowledges that his wife, Surrogate, shall be artificially inseminated pursuant to the provisions of
this Agreement. Surrogate's Husband agrees that in the best interests of the child he will not form or attempt to form a parent-child
relationship with any child or children Surrogate may conceive by artificial insemination, as described in this agreement, and agrees
to freely and readily surrender immediate custody of the child to Natural Father.
Surrogate's Husband further agrees to terminate his parental rights to such child. Surrogate's Husband acknowledges he will do all
acts necessary to rebut the presumption of paternity of any offspring conceived and born pursuant to this Agreement as provided by law,
including blood testing and/or HLA testing. 

CLAUSE THREE

Surrogate shall be artificially inseminated with the semen of Natural Father by a physician. Surrogate, upon becoming pregnant, agrees
she will carry the embryo (or fetus) until delivery. Surrogate and Surrogate's Husband, agree that they will cooperate with any
background investigation into Surrogate's medical, family, and personal history and warrants the information to be accurate to the best of
their knowledge and belief. Surrogate and Surrogate's Husband agree to surrender custody of the child to Natural Father, to
institute, and cooperate, in proceedings to terminate their respective parental rights to such child, and to sign any and all necessary
affidavits, documents, and papers in order to further the intent and purposes of this Agreement. Surrogate and Surrogate's Husband
understand that the child is being conceived for the sole purpose of giving such child to Natural Father, its natural and biological
father. Surrogate and Surrogate's Husband agree to sign all necessary affidavits and other documents, prior to and subsequent to the birth
of the child, and to voluntarily participate in any paternity proceedings necessary for the Natural Father's name to be entered on
the child's birth certificate as the natural or biological father. 

CLAUSE FOUR

The consideration for this Agreement which is compensation for services and expenses, and should in no way be construed as a fee for
the termination of parental rights or as payment in exchange for a consent to surrender the child for adoption, in addition to other
provisions contained in this Agreement, shall be as follows:

1. ____________ (Rs.________) Rupees shall be paid to Surrogate, for services and expenses in carrying out Surrogate's obligations under this Agreement, immediately upon surrender to Natural Father custody of the child born pursuant to the provisions of this Agreement.

2. The consideration to be paid to Surrogate shall be deposited with _____________ (Referred to as Custodian), the representative of Natural Father, at the time of the signing of this Agreement and shall be held in escrow until completion of the duties and obligations of Surrogate as provided for in this Agreement.

3. Natural Father shall pay the expenses incurred by Surrogate, pursuant to her pregnancy, which are specifically defined as follows:
(a) All medical, hospitalization, pharmaceutical, laboratory, and therapy expenses, incurred as a result of Surrogate's pregnancy, not covered or allowed by her present health and major medical insurance, including all extraordinary medical expenses and all reasonable expenses for treatment of any emotional, mental, or other problems related to such pregnancy. In no event, however, shall any such expenses be paid or reimbursed after a period of __________ (___) months has elapsed since the date of the termination of the pregnancy. This agreement specifically excludes expenses for lost wages or other non-itemized incidentals related to such pregnancy.
(b) Natural Father shall not be responsible for any medical, hospitalization, pharmaceutical, laboratory, or therapy expenses occurring __________ (_____) months after the birth of the child, unless the medical problem incident to such expenses was known and treated by a physician prior to the expiration of the __________ (_____) month period and written notice advising of this treatment is given to Custodian, as representative of Natural Father, by certified mail, return receipt requested.
(c) Natural Father shall be responsible for the total cost of all paternity testing. Such paternity testing may, at the option of Natural Father, be required prior to release of the Surrogate fee from escrow. If Natural Father is conclusively determined not to be the biological father of the child as a result of an HLA test, this Agreement will be deemed breached and Surrogate shall not be entitled to any fee, and Natural Father shall be entitled to reimbursement of all medical and related expenses from Surrogate and Surrogate's Husband.
(d) Natural Father shall be responsible for Surrogate's reasonable travel expenses incurred at the request of Natural Father pursuant to this Agreement. 

CLAUSE FIVE

Surrogate and Surrogate's Husband are aware, understand, and agree to assume all risks, including the risk of death, which are
incidental to conception, pregnancy, childbirth, and includes, but is not limited to, complications subsequent to such childbirth. 

CLAUSE SIX

Surrogate and Surrogate's Husband, hereby agree to undergo psychiatric evaluation by _____________________________________, a
psychiatrist, as designated by Natural Father. Natural Father shall pay for the cost of such psychiatric evaluation. Prior to their
evaluations, Surrogate and Surrogate's Husband shall sign a medical release permitting dissemination to Custodian or Natural Father and
his wife copies of the report prepared as a result of such psychiatric evaluations. 

CLAUSE SEVEN

Surrogate and Surrogate's Husband hereby agree it is the exclusive and sole right of Natural Father to name such child born pursuant
to this agreement. 

CLAUSEEIGHT

Child, as referred to in this agreement, shall include all children born simultaneously pursuant to the inseminations contemplated in
this Agreement. 

CLAUSE NINE

In the event of the death of Natural Father prior or subsequent to the birth of such child, it is understood and agreed by Surrogate
and Surrogate's Husband, the child will be placed in the custody of Natural Father's wife. 

CLAUSE TEN

In the event the child is miscarried prior to the ______ (____) (Fifth or as the Case May Be) month of pregnancy, no compensation, as
enumerated in Section Four, Paragraph 1, shall be paid to Surrogate. However, the expenses enumerated in Section Four, Paragraph 3
shall be paid or reimbursed to Surrogate. In the event the child is miscarried, dies, or is stillborn subsequent to the _______ (_____)
(Fourth or as the Case May Be) month of pregnancy the Surrogate shall receive _____________ ($______) dollars in lieu of the
compensation enumerated in Section Four, Paragraph 1. In the event of a miscarriage or stillbirth as described above, this agreement shall
terminate, and neither Surrogate nor Natural Father shall be under any further obligation under this Agreement. 

CLAUSE ELEVEN

Surrogate and Natural Father shall each undergo complete physical and genetic examination and evaluation, under the direction and
supervision of a licensed physician, to determine whether the physical health and well-being of each is satisfactory. Such physical
examination shall include testing for AIDS and venereal diseases including, but not limited to, syphilis, herpes, and gonorrhea. Such AIDS
and venereal disease testing shall be done prior to, but not limited to, each series of inseminations. 

CLAUSE TWELVE

In the event that pregnancy has not occurred within a reasonable time in the opinion of Natural Father, this Agreement shall terminate
by written notice to Surrogate, at the residence provided to the Custodian by the Surrogate (from Custodian, as representative of the
Natural Father). 

CLAUSE THIRTEEN

Surrogate agrees she will not abort the child once conceived except if, in the professional medical opinion of the inseminating
physician, such action is necessary for the physical health of Surrogate or the child has been determined by such physician to be
physiologically abnormal. Surrogate further agrees, at the request of such physician, to undergo amniocentesis or similar tests to detect
genetic and congenital defects. In the event such test reveals the fetus is genetically or congenitally abnormal, Surrogate agrees to
abort the fetus on demand of Natural Father. The fee paid to Surrogate in this circumstance will be in accordance to Section Ten. If
Surrogate refuses to abort the fetus upon demand of Natural Father, Natural Father's obligations, as stated in this Agreement, shall
cease except as to obligations of paternity imposed by statute.
Natural Father recognizes that some genetic and congenital abnormalities may not be detected by amniocentesis or other tests, and,
therefore, if proven to be the biological father, assumes the legal responsibility for any child who may possess genetic or congenital
abnormalities.

CLAUSE FOURTEEN

Surrogate agrees to adhere to all medical instructions given her by the inseminating physician as well as her independent
obstetrician. Surrogate also agrees not to smoke cigarettes, drink alcoholic beverages, use illegal drugs, or take prescription or
nonprescription medications without written consent from her physician. Surrogate agrees to follow a prenatal medical examination schedule
to consist of no fewer visits than: one (1) visit per month during the first ____________ (____) (Seven or as the Case May Be) months
of pregnancy, two (2) visits (each to occur at two-week intervals) during the __________ (_____) and _________ (______) (Eighth and
Ninth or as the Case May Be) months of pregnancy. 

CLAUSE FIFTEEN

Prior to signing this Agreement, each party has been given the opportunity to consult an attorney of his or her own choice concerning
the terms and legal significance of the agreement and the effect it has upon any and all interests of the parties to this Agreement. 

CLAUSE SIXTEEN

Each party acknowledges that he or she has carefully read and understands every word in this Agreement, realizes its legal effect, and
is signing this agreement freely and voluntarily. None of the parties has any reason to believe the other party or parties did not
understand fully the terms and effects of this Agreement, or that the other parties did not freely and voluntarily execute this
Agreement. 

CLAUSE SEVENTEEN

In the event any of the provisions of this Agreement are deemed to be invalid or unenforceable, such invalid or unenforceable
provision may be severed from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the reminder of
this Agreement. If such provision shall be deemed invalid due to its scope or breadth, then such provision shall be deemed valid to
the extent of the scope or breadth permitted by law. 

CLAUSE EIGHTEEN

This Agreement shall be executed in three copies, each of which shall be deemed an original. One copy shall be given to Custodian,
another copy to Natural Father, and the third copy to Surrogate. 

CLAUSE

This instrument embodies the entire Agreement of the parties with respect to the subject matter of surrogate parenting. There are no
promises, terms, conditions, or obligations other than those contained in this Agreement, and this Agreement shall supersede all
previous communications, representations, or agreements, either verbal or written, among the parties. 

CLAUSE TWENTY

This Agreement cannot be modified except by written agreement signed by all the original parties. 

CLAUSE TWENTY-ONE

This Agreement has been drafted, negotiated, and executed and shall be governed by, and enforced in accordance with, the laws of the State of ______________________.
_______________________________ ___________________
Signature of Surrogate Mother Date
_______________________________ ___________________
Signature of Surrogate's Husband Date
_______________________________ ___________________
Signature of Natural Father Date