Legal formats and practical information. Court forms, local rules, filing requirements and facts vary by jurisdiction and case.

Hindu Marriage Act, 1955 | Section 13(1)(ia)

Divorce Petition Format on the Ground of Cruelty

Updated specimen petition for a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, with notes on territorial jurisdiction, statutory pleading requirements and Family Court filing.

Legal position reviewed: August 2026

Divorce for Cruelty under Section 13(1)(ia)

Section 13(1)(ia) of the Hindu Marriage Act, 1955 permits either the husband or the wife to seek dissolution of the marriage by a decree of divorce where, after solemnisation of the marriage, the other spouse has treated the petitioner with cruelty.

Important: This is a general drafting specimen, not a substitute for case-specific legal advice. Allegations of cruelty should state the material facts truthfully and with sufficient particulars. Do not copy sample allegations that did not occur in your case.
Ground Cruelty after solemnisation of the marriage under Section 13(1)(ia).
Who may file Either spouse may present the petition.
Ordinary timing rule Section 14 generally requires one year to have elapsed from the date of marriage, subject to its statutory exception.
Forum The competent District Court or, where established and having jurisdiction, the Family Court.

Applicable Legal Provisions

The petition should be read with the Hindu Marriage Act as a whole. In particular, Section 14 deals with petitions presented within one year of marriage; Section 19 determines territorial jurisdiction; Section 20 requires the material facts and the absence of collusion to be stated and provides for verification; and Section 23 sets out conditions the court must consider before granting matrimonial relief.

Section 13A also empowers the court, in an appropriate divorce proceeding and subject to the statutory exclusions, to grant judicial separation instead of divorce. Issues such as interim maintenance, permanent alimony, custody and property may separately engage Sections 24, 25, 26 and 27 depending on the facts and reliefs claimed.

Which Court Has Jurisdiction?

Under Section 19 of the Hindu Marriage Act, a petition may be presented to the competent District Court within the local limits specified by that provision. These include, among other statutory bases, the place where the marriage was solemnised, the place where the respondent resides when the petition is presented, and the place where the parties last resided together. Section 19 also provides additional venues in specified circumstances, including a special venue where the wife is the petitioner.

Where a Family Court has been established for the relevant area, Section 7 of the Family Courts Act, 1984 confers matrimonial jurisdiction on that Family Court. The court heading in the specimen below should therefore be adapted to the actual court having territorial and subject-matter jurisdiction.

Specimen Divorce Petition under Section 13(1)(ia)

Replace all bracketed or blank portions with the true facts of the case. Renumber paragraphs and annexures as necessary and comply with the applicable High Court/Family Court rules.

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT / DISTRICT JUDGE AT [PLACE]

MATRIMONIAL PETITION NO. ____ OF 20__

IN THE MATTER OF:

[NAME OF PETITIONER]
Age: ___ years
Occupation: ________
Residing at: __________________________
...PETITIONER
VERSUS
[NAME OF RESPONDENT]
Age: ___ years
Occupation: ________
Residing at: __________________________
...RESPONDENT

PETITION UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE ON THE GROUND OF CRUELTY

MOST RESPECTFULLY SHOWETH:

  1. That the marriage between the Petitioner and the Respondent was solemnised on [date] at [place] according to Hindu rites and ceremonies. The parties are Hindus and are governed by the Hindu Marriage Act, 1955. If the marriage was registered, the relevant marriage certificate/extract may be filed as Annexure P-1.
  2. That the status and places of residence of the parties before the marriage and at the time of presentation of this petition are as follows:
    1. Petitioner before marriage: [details].
    2. Respondent before marriage: [details].
    3. Petitioner at present: [details].
    4. Respondent at present: [details].
  3. That from the wedlock, [no child was born / the parties have the following child or children: names, ages and present custody].
  4. That after the marriage the parties resided together at [address/place]. Thereafter, the Respondent treated the Petitioner with cruelty. The material incidents constituting cruelty are set out below with dates or approximate periods, places and relevant circumstances:
    1. [First material incident and its effect on the Petitioner.]
    2. [Second material incident and its effect on the Petitioner.]
    3. [Any continuing course of conduct, supported where applicable by documents or other evidence.]
  5. That, if applicable to the true facts, the Petitioner states that on [date] the Respondent subjected the Petitioner to physical violence/expelled the Petitioner from the matrimonial home/engaged in persistent abusive conduct. Full and accurate particulars should be pleaded here. Any medical record, complaint, communication or other relied-upon document may be identified and annexed in accordance with applicable court rules.
  6. That the acts and conduct pleaded above caused the Petitioner serious mental and/or physical suffering and, having regard to the facts and circumstances, the Petitioner seeks dissolution of the marriage on the statutory ground of cruelty under Section 13(1)(ia).
  7. That the Petitioner has not condoned the cruelty complained of. [If there was any period of resumed cohabitation or attempted reconciliation, state the facts accurately and obtain advice on their legal effect.]
  8. That the present petition is not presented or prosecuted in collusion with the Respondent.
  9. That there has been no unnecessary or improper delay in instituting the present proceeding. [Where a substantial period has elapsed, briefly explain relevant circumstances if necessary.]
  10. That there is no other legal ground why the relief prayed for should not be granted.
  11. That [no previous matrimonial proceeding has been instituted between the parties / the following previous or pending proceedings exist: give court, case number, nature of case and status].
  12. That this Hon'ble Court has territorial jurisdiction under Section 19 of the Hindu Marriage Act, 1955 because [the marriage was solemnised here / the Respondent presently resides here / the parties last resided together here / the wife-petitioner presently resides here / another applicable statutory basis]. Where applicable, this Hon'ble Family Court exercises jurisdiction under the Family Courts Act, 1984.
  13. That more than one year has elapsed since the date of marriage. [If not, a divorce petition ordinarily requires prior leave under Section 14 on the statutory grounds; adapt the pleading and application accordingly.]
  14. That the cause of action for the present petition arose on [date(s)] and continued/arose subsequently on [date(s)] within the jurisdiction of this Hon'ble Court.
  15. That the requisite court fee, if any, has been paid in accordance with the law and rules applicable in the concerned State/Union Territory and court.

PRAYER

In the above facts and circumstances, the Petitioner respectfully prays that this Hon'ble Court may be pleased to:

  1. pass a decree of divorce dissolving the marriage between the Petitioner and the Respondent under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty;
  2. grant such further or other relief, including costs if claimed and legally permissible, as this Hon'ble Court may deem just and proper in the facts and circumstances of the case.

Place: ____________

Date: ____________

PETITIONER

THROUGH COUNSEL
__________________, Advocate

VERIFICATION

I, [name of Petitioner], the Petitioner above named, verify that the contents of paragraphs [numbers] are true and correct to my personal knowledge, the contents of paragraphs [numbers] are based on information received and believed to be true and/or on legal advice believed to be correct, and that nothing material has been concealed therefrom.

Verified at [place] on this ___ day of __________, 20__.

PETITIONER

Before Filing the Petition

Check the applicable High Court rules, Family Court rules, prescribed court fee, filing forms and local practice. Commonly relevant documents may include proof of marriage, address/jurisdiction documents and the documents specifically relied upon to support pleaded facts. The precise documents required depend on the case and the court.

Electronic filing is available through the official eCourts e-Filing platform for courts that have adopted the service. Availability and local filing workflows should be confirmed for the court concerned.

Official Legal Resources

Frequently Asked Questions

What does Section 13(1)(ia) provide?

It provides a ground for divorce where, after solemnisation of the marriage, the other spouse has treated the petitioner with cruelty.

Where should the petition be filed?

The correct venue is determined principally by Section 19 of the Hindu Marriage Act and, where a Family Court has been established, by the Family Courts Act and applicable local rules. The facts supporting territorial jurisdiction should be pleaded specifically.

Can divorce for cruelty be filed within one year of marriage?

Ordinarily, Section 14 prevents a divorce petition from being entertained before one year has elapsed from the marriage. The court may grant leave to present it earlier on the statutory ground of exceptional hardship to the petitioner or exceptional depravity on the part of the respondent.

Should the sample cruelty allegations be copied exactly?

No. Plead only facts that actually occurred. Material incidents should be stated accurately and, where possible, with dates or approximate periods, places and supporting circumstances.