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PETITION UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955 FOR RESTITUTION OF CONJUGAL RIGHTS

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IN THE COURT OF THE2 _____________ JUDGE AT _________

MATRIMONIAL CASE NO. __________ OF 20__ 

IN THE MATTER OF:

Mr. ALU_________                                                                PETITIONER 

VERSUS

MRS. GOBI __________                                                       RESPONDENT 

PETITION UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955 FOR RESTITUTION OF CONJUGAL RIGHTS

MOST RESPECTFULLY SHOWETH: 

The Petitioner, above named states as under:

1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P1.

2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under:

i) Place of residence before the Marriage

ii) Place of residence at the time of filing the Petition

3. That from this marriage, the couple has been blessed with one boy aged 4 years and one girl child aged 2 years.  

4. That the Petitioner and his wife were living together happily at our house. That on _______ the respondent went to her fathers house at _______. She gave word to return within 15 days, but she did not abide by her word and has not returned so far. The Respondent without any reasonable excuse, living in the house of her father.

5. That the petitioner went to his father-in-laws house at_______ to bring the respondent, a number of times, but on one pretext or the other, she declined to come along with the petitioner to his house.

6. That lastly the petitioner went to the house of the respondents father at _______ on _______ and asked the respondent to return with him, but she refused to come.

7. That the respondent deserted the petitioner or/and has withdrawn from his company without any reasonable or lawful excuse. Hence the necessity for the petition arose.  

8. The Petition is not being presented in collusion with the Respondent.

9. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner.

10. There is no other legal ground as to why the decree of restitution of conjugal rights be not granted in favour of the Petitioner.

11. That no litigation has taken place between the parties to the Petition earlier.

12. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court.

13. That the cause of action accrued to the petitioner against the respondent, within the jurisdiction of this Court, on _______ when the respondent left for her fathers house at _______ and it continues to accrue from day to day till the respondent comes back to the home of the petitioner and resumes his company..

14. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:

P R A Y E R

That the Petitioner, therefore, prays:

a) for grant of decree for restitution of conjugal rights in favour of Petition and against the respondent; and

b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.

PETITIONER

THROUGH______________., Advocate

Place :

Date :

VERIFICATION

I, the above named petitioner, do hereby verify that the contents of this petition in Para No ______ to Para No __________ are true to my personal knowledge and those in Para No _____ to Para No ________ are believed by me to be true.Signed and verified this _______ day of _______ 20 _______ at _______ 

PETITIONER

 


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