Sample Petition For Request To Send Notice Due To Abandonment
……. TO THE FAMILY COURT JUDGE REQUESTING A CEASE AND DESIST ORDER :
ATTORNEY :
AGAINST PARTY :
ADDRESS :
SUBJECT : Request for notice due to abandonment.
EXPLANATIONS :
1-Our client has been married to the other party for … years. Population records, ……. Province, ……. District, ……. Neighborhood, Volume No; ……., Family No; ……., Sequence No; …….. They have two children named … from their marriage.
2-Our client is a housewife and takes care of the joint children. The spouse for whom the notice is requested left the joint residence 5 months (should be more than 4 months) ago without informing my client and did not call or ask for his wife or children during this period.
3- Efforts to reach the spouse are fruitless, the spouse’s phone number ………………… is unreachable most of the time, and when reached, he does not pick up the phone.
4-Our client learned externally that his wife had established a new order by renting another house and buying furniture for herself at ……………………, the abandoning spouse was called to the joint residence at this address, but the other party sent a message to my client that he would not return home again. The other party has not fulfilled any of his responsibilities regarding the marriage for 5 months. Moreover, there is no justifiable reason for him to leave the joint residence.
5- Our client invites him to her home because she is concerned about her long-standing marriage and the future of the joint children.
6- Our client has not changed her address during this five-month period and continues to reside at the same address, …………………………, with her joint children. Our client is always at home. Just in case, a key was also left with the next door neighbor ………………. who resides at the same address ….. It is possible to retrieve the key from there at any time of the day.
7- Although the breadwinner of the house is the spouse who has been served with the notice, if the court so decides, the travel and other fees required for the return of the spouse to the joint residence will be paid by us.
REQUEST : For the reasons explained, we respectfully request that the other party be notified to return to his/her home and his/her spouse within 2 months, otherwise a divorce case will be filed due to abandonment in accordance with the relevant articles of the Civil Code.
Notifier
Deputy