Que11. Draft the application of Anticipatory Bail.

Ans:- Anticipatory Bail or Pre-arrest Bail:- It is a legal provision that allows

an accused person to apply for bail before being arrested. In India, pre-arrest

bail is granted under section 438 of the Code of Criminal Procedure, 1973. It

is issued only by the Sessions Court or High Court.

The provision of pre-arrest bail is discretionary, and the court may grant bail

after considering the nature and gravity of the offence, the antecedents of the

accused, and other relevant factors. The court may also impose certain

conditions while granting bail, such as surrendering the passport, refraining

from leaving the country, or reporting to the police station regularly.

Draft of Application of Anticipatory Bail

IN THE COURT OF DISTRICT AND SESSIONS JUDGE, AT PATIALA

IN THE MATTER OF : Anticipatory Bail Application u/s 438 crpc

XYZ ………………Petitioner

VS

STATE OF PUNJAB ……………Respondent

FIR Number: (Mention the FIR number)

U/S : 323 , 379 OF IPC

Police Station: Patiala

APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL

Respectfully Showeth :

1 That the petitioner is the resident of above said address and is the law

abiding citizen of India.

2. That the present FIR has been registered on false and bogus facts. The facts

stated in the FIR are fabricated, concocted, and without any basis.

3. That the police have falsely implicated the applicant in the present case, the

applicant is a respectable citizen of the society and is not involved in any

criminal case.

4. That the facts stated in the complainant against the applicant are civil

disputes and do not constitute any criminal offense at all.

(Also give in brief the important facts and the strong point of defense to be

taken against police)

5 That the applicant is not required in any kind of investigation nor any kind of

custodial interrogation is required.

6. That the applicant is having very good antecedents, he belongs to a good

family and there is no criminal case pending against them.

7. That the applicant is a permanent resident and there are no chances of his

absconding from the course of justice.

8. That the applicant undertakes to present himself before the police/court as

and when directed.

9. That the applicant undertakes that he will not, directly or indirectly make

any inducement, threat, or promise to any person acquainted with the facts of

the case so as to dissuade him from disclosing such facts to the Court or to

any police officer.

10. That the applicant further undertakes not to tamper with the evidence or

the witnesses in any manner.

11. That the applicant shall not leave India without the previous permission of

the Court.

12. That the applicant is ready and willing to accept any other conditions as

may be imposed by the Court or the police in connection with the case. It is

therefore prayed that the court may direct the release of the applicant on bail

in the event of his arrest by the police. Any other order which the court may

deem fit and proper in the facts and circumstances of the case may be also

passed in favor of the applicant.

Date : ________ Submitted by :

Petitioner

THROUGH COUNSEL
Advocate

Documents needed to be attached :

Affidavit by Petitioner (Deponent)
Vakaltnama , Aadhar Card , Farihsat Dastavej, Copy of FIR , Any Complaint
written to Police department(SSP office ) , Any documentary proof.

Que12. Draft a petition on section 9(Restitution of conjugal rights)(marital

rights restore) of Hindu marriage Act.

Ans:- Introduction:- All matrimonial petitions shall lie in the court of the

District judge within whose local limits of the jurisdiction , where the

marriage was solemnized, or where the parties to the marriage last resided

together, or where the respondent has been residing.

Meaning of Restitution of Conjugal Rights (Section 9)- When, in accordance

with section 9 restitution of conjugal rights of the Hindu Law Marriage Act of

1955, either the husband or the wife withdraws from the other's social circle

without cause. The victim of injustice may file a petition with the district court

to have their marital rights restored. The court may proclaim restitution of

conjugal rights if it determines that the representations provided in the

petition are effective and that there is no valid defence.

A Specimen form of petition by a husband against his wife for restitution of

conjugal rights on hypothetical facts is as under:

Draft of Petition under section 9.

IN THE COURT OF PRINCIPLE JUDGE, FAMILY COURT DERA BASSI.

Petition No. ___________ of 2023

Rahul Mohindrooson of Sh. R.K. Mohindiro, resident of A-2/7, A Block, Victoria

City Centre, Ambala City.

……………….Petitioner

Versus

Deep ShikhaMohindro wife of Rahul Mohindroo, resident of Flat No. 304, GT-5,

Omaxe Greens, Village Jharmari, Tehsil DeraBassi, District S.A.S.

Nagar.

…………….Respondent

Petitioner U/s 9 of the Hindu Marriage

Act for restitution of conjugal rights

Respectfully Showeth:-

1. That the petitioner is law abiding citizen and permanent resident of

above said address. The copy of Adhar card are appended herewith.

2. That the status of the parties before marriage and after marriage is as

under:-

Husband Wife

Before Status Name & Address Status Name &Address

Marriage

Unmarried resident of Flat Unmarried Resident of

No. 304, GT-5, village Amloh,
Omaxe Greens, District Fatehgarh
 Village Jharmari, Sahib
Tehsil DeraBassi,
District S.A.S.
Nagar
After Married resident of Flat Married resident of Flat
No. 304, GT-5, No. 304, GT-5,
marriage
Omaxe Greens, Omaxe Greens,
Village Jharmari, Village Jharmari,
Tehsil DeraBassi, Tehsil DeraBassi,
District S.A.S. District S.A.S.
Nagar. Nagar
At present Married resident of A-2/7, Married Do.
A Block, Victoria
City Centre,
Ambala City
1. That the petitoner was married to the respondent on……at….. According to

Vedic rites in the presence of the parents of the parties and relations and

friends.

2. That the respondent lived with the petitioner at….as husband and wife from

the date or marriage till….., when she left the petitioner’s house on the pretext

of the illness of her mother at…..

3. That the petitioner waited for her return for about a fortnight and then

wrote to her to come to the petitioner but she failed to do so.

4. That the petitioner went to the respondent at her parent’s house at…..on…..

But she refused to accompany the petitioner and live with him as husband and

wife.

5. That the petitioner is entitled to a decree for restitution of conjugal rights

against the respondent.

6. That the petition is not presented or being prosecuted in collusion with the

respondents.

7. That there has been no unnecessary or improper delay in the institution of

these proceedings.

8. That there is no other legal impediments or ground in the grant of the relief

prayed for.

9. That the petitioner is not guilty if any such act or omission which should

preclude him from obtaining the relief prayed for.

10. That the marriage has been solemnized at….and the Court has jurisdiction.

11. It is prayed that a decree for restitution of conjugal rights be passed in

favour of the petitioner against the respondent under section 9 of the Hindu

marriage Act, 1955, directing the respondent to return to the petitioner and

live with him as husband and wife.

Petitioner/

VERIFICATION: I,………….. the above named petitioner residing as above, do

hereby solemnly state and declare that the contents of paras 1 to 9 of this
petition are true to my own knowledge; and the content of the remaining
paras are based on information received from my advocate and I believe the
same to be true. I say that nothing has been concealed and/or suppressed.
Place………………. Petitioner
Date………………..
Documents attached : Affidavit of petitioner ,
Que13. Draft the petition under section 12 of HMA

Ans: Introduction:- Section 12 of the HMA, 1955, deals with voidable

marriages. A voidable marriage is a legally binding and lawful marriage. It can

continue to exist until the competent court issues a decree annulling the

marriage. It can be regarded as a legitimate marriage until one of the partners

violates the prerequisites for marriage legality. The parties of a voidable

marriage have all the rights and duties of marriage until the court dissolves the

union by a decree.

Draft of petition under section 12.

In the Court of district Judge at …..

Mrs. X, wife of ……, daughter of……(add description and residence)

………..Petitioner

Versus

Y, son of…….(add description and residence)…………………………….respondent

The petitioner states as follow:

1. That she is about 16 years of age and passed the High school Examination

from the Board of…. In the year….. .

2. That her parents are dead and she was at all relevant times living with her

father’s younger brother in the town of… till her marriage was solemnized

on……
3. That she was engaged to be married with the respondent on…. It was

represented to the petitioner by the father of the respondent at the time of

the said engagement that the respondent was well educated, well built youth

of sound heath, who had passed in B.A. Examination from…. University and

was engaged as an apprentice in…. firm at … and that after a year of such

apprenticeship he would be employed by the said firm at Rs. 6000 per month.

4. That the petitioner was married to the respondent at……on…. While his face

was covered with garlands and sehra so that she could not look at the

respondent in order to recognize him.

5. That she accompanied the bridegroom’s party to the house of the

respondent. On reaching there the petitioner found to her surprise that the

respondent with whom she was alleged to have been married was a sickly

person suffering from tuberculosis and was one eyed with his face covered

with smallpox marks all over. His features were dreadful. The respondent is a

low educated raw youth who was never an apprentice in any firm nor was he

engaged to be employed in any firm at the salary of Rs.6000 or any near figure.

In fact, he was and is still unemployed and is not trained to do any job to earn

his livelihood.

6. That fraud was practiced on the petitioner and her guardian shri….who gave

the consent in the marriage on her behalf, in the matter of education, heath,
features and employment, etc. of the respondent. Neither Shri….. Nor the

petitioner would have agreed to the said marriage is liable to be annulled.

7. That the petitioner never allowed the respondent to cohabit with her as she

found out the fraud before such consummation. She returned to her uncle’s

(guardian’s) house immediately on such discovery. The petition is within time

as the discovery of fraud was made on or about…….

8. That the petition is not presented or prosecuted in collusion with the

respondent.

9. That as the marriage was solemnized at….., hence the court has jurisdiction.

10. It is prayed that a decree of nullity be passed in petitioner’s favour against

the respondent annulling the marriage solemnized on…….between the parties.

Date : _______ Submitted by

Petitioner

Through Counsel
Advocate
VERIFICATION: I,………….. the above named petitioner residing as above, do
hereby solemnly state and declare that the contents of paras 1 to 9 of this
petition are true to my own knowledge; and the content of the remaining
paras are based on information received from my advocate and I believe the
same to be true. I say that nothing has been concealed and/or suppressed.
……………………………………………..
Place………………. Petitioner
Date………………..
Que14. Draft of petition for dissolution of a marriage by a decree of

divorce under the Hindu Marriage Act, 1955.(section 13 of HMA )

Ans:- Divorce, as we all know is the separation of both the parties in the

marriage. In the recent times the rate of Divorce has increased largely due to

various reasons. So, as per the Hindu Marriage Act, 1955, Section 13 provides

the grounds on which the parties to the marriage can file a Divorce petition in

the court of law. This Section deals with the various grounds under which a

petition for divorce can be filed under the Hindu Marriage Act.

IN THE COURT OF DISTRICT JUDGE………..Patiala

M.J. Petition No…… of 198

P………..(MALE) …...petitioner

VS

R…………(FEMALE) ….Respondent

Petition under section 13 of the Hindu Marriage Act, 1955.

The above named petitioner respectfully submits as under that:

1.1. That petitioner and the respondent were

lawfully married according to Hindu Vedic rites

on 17th of January ,1983 at….. Out of this

wedlock, the minor child namely Nipun Sharma was

born on 15.08.2013.
.

2. The petitioner and the respondent are Hindus by religion before the

marriage and are Hindus after their marriage and are domiciled in India. Before

the marriage the petitioner was a bachelor aged about 25 years and the

respondent was spinster aged about 22 years.

3. The petitioner and the respondent since their marriage lived and co-habited

together in their residence at…… as husband and wife for about three –years.

4. The petitioner and the respondent have had no issue of their said marriage.

5. The respondent is a manner less and ill-tempered women. On several

occasions, she had publicly abused the petitioner. At one occasion, the

Respondent even threw a bottle at the petitioner, thus has caused, hurt to him

in the presence of the petitioner’s friends.

6. The respondent is also a characterless woman. On 15th December,1986,

when accidently the petitioner returned home from his office earlier than the

schedule, he saw the respondent in a compromising position with a stranger,

who ran away after the petitioner’s arrival since this incident, the respondent

has been living with her parents at…..

7. There had been no proceedings in respect of the marriage in this Court or in

any other Court before this petition.

8. That there is no collusion between the petitioner and the respondent

regarding this petition.

9. The petitioner’s marriage with the respondent was solemnized at……which

is within the local limits of the jurisdiction of this Hon’ble Court and, therefore,

this Court has got the jurisdiction to grant the appropriate relief.

10. The national value of this petition is Rs….for the purposes of the

jurisdiction and the Court-fees, and the fixed court-fee stamps have been

affixed hereon.

11. The petitioner, therefore, prays:

(a) That the Hon’ble court be pleased to grant a decree of divorce to the

petitioner;

(b) That the costs of the petition may be awarded;

(c) That any other relief, which may be proper in the interest of the justice

may be provided.

Petition drawn by

Sd/-

Petitioner

Sd/-

Petitoner’s Advocate

Verification:- I,………..,the petitioner, above named do nearby solemnly state

and declare that the contents of para 1 to para 6 are true to my own

knowledge and the contents of remaining paras are based on the information

supplied to me and I believe the same to be true.

Sd/-

Solemnly affirmed as aforesaid Petitioner

At………………
Dated this….day of….19…
Documents attached : Affidavit of petitioner , application for allowing the
petitioner to engage counsel to pursue the above stated petition.