Here we will discuss about the modal draft of petition under Section 9 of hindu marriage act or Restitution of conjugal rights under hindu Marriage.
IN THE COURT OF HON’BLE DISTRICT JUDGE, FAMILY COURT
Umesh Kumar son of Shri _________________________.
PETITIONER.
VERSUS
Smt. Rani Kumari
________________________________.
RESPONDENT.
PETITION UNDER SECTION 9 OF THE HINDU MARRIAGE ACT FOR A DECREE OF RESTITUTION OF CONJUGAL RIGHTS.
R/Sir,
The petitioner respectfully submits asunder:-
1- That the petitioner was married with the respondent on 31-01-2008 at Laxmi Palace Banquet Hall, ___________ according to the Hindu rites and ceremonies and in the presence of friends, relatives and family members of both the parties. An affidavit to this effect is enclosed herewith the petition.
2- That the said marriage of the petitioner and the respondent was a very simple marriage and no dowry was given by the family of the respondent to the petitioner and his family. However, the petitioner and his family members had gifted the following ornaments to the bride i.e. the respondent at the time of the marriage: -
(i)
Kangans 4 Nos.(weight 5 Tolas gold)
(ii)
Pendal (weight 15 grams Gold )
(iii)
Rings 3 Nos. (weight gold one tola
Gold)
(iv)
Jhumki gold (weight one tola)
(v)
Necklace (weight 3 Tolas gold)
(vi)
Payjeb 2 Pairs silver
3- That after the
marriage the respondent came to reside in the house of the petitioner where the
petitioner and the respondent cohabited with each other and they lived as
husband and wife at the residence of the petitioner and out of the said wedlock
one daughter namely _______now aged about 9 months was born.
4- That since the very
beginning of the marriage the behavior of the respondent with the petitioner
and his parents was very quarrelsome. The respondent started picking up quarrel
with the petitioner and his family members on one pretext or the other on very trivial
matters without any reasonable cause and rhyme. The petitioner tried to make
her understand and to give due respect to the petitioner’s aged parents and as
well to take care of her home but the respondent clearly refused to give any
respect to the petitioner and his aged parents.
5- That the petitioner
came to know that the respondent was completely under the misguidance of her
parents and the parents of the respondent started interfering into the peaceful
married life of the petitioner and the respondent and due to the continuous
interference the behavior and attitude of the respondent became very harsh and
cruel towards the petitioner and his family members. The respondent’s parents
time and again started taking the respondent with them and they did not allow
the petitioner and the respondent to live as husband ad wife and to settle
their household.
6- That at a number of
occasions the parents of the respondent have been putting pressure on the
petitioner and his family members to settle at _________ near them, which is
not really practicable for the petitioner. A number of panchayats have been
earlier held on this issue but the respondent and her family members are
adamant that the petitioner should settle at _______.
7- That on __________
the father of the respondent along with 10-12 musclemen came to the house of
the petitioner while the petitioner and his father were out on work they then
misbehaved with the women of the house and forcefully taken away the respondent
and the kid along with all the costly jewellary, furniture and other
articles.
8- That the petitioner
and his father when came back from the work then they came to know about the
incident but to save the respect of the family in the society they kept mum
about the episode and thereafter pursued the matter through the respectable of
the society but to no avail.
9- That the petitioner
went to the house of the respondent several times and requested the respondent
to join the company of the petitioner along with the child but the respondent
clearly refused to join the matrimonial home without any reason and cause. The
family members of the respondent insulted the petitioner and they told that
they will not send back the respondent with the petitioner. On the other hand they had put a condition
that if the petitioner willing to abandon his parents and is ready to live with
them at __________ then only he can treat the respondent as his wife otherwise
they will falsely implicate the petitioner and his family members in various
cases including dowry related cases.
10- That all the efforts made by the petitioner to bring the respondent
back to her matrimonial home have been failed and since ________ the respondent has
broken all ties with the petitioner and all the efforts of the petitioner to
communicate with the respondent have not yielded any fruits.
11- That the petitioner
by condoning the past acts and conducts of the respondent and without leaving
the right to file the divorce petition on the ground of cruelty and desertion,
is still ready and willing to keep the respondent with all the due respect.
12- That the cause of
action accrued to the petitioner on each and every dates when the respondent
left the matrimonial house and went to her parental house. The cause of action further arose on _______ when the father of the respondent along with
10-12 musclemen came to the house of the petitioner and his male members were
out on work, they then misbehaved with the women of the house and forcefully
taken away the respondent and the kid along with all the costly jewellary,
furniture and other articles. The cause of action finally arose on _______
when the respondent refused to join the company of the petitioner at the
society Panchayat held at ________.
13- That petitioner has
no legal impediments why the relief sought for is not granted to the petitioner
and there is no unnecessary delay in filing the present petition.
14- That both the parties
are Hindus and are governed with the Hindu Marriage Act.
15- That the petitioner
is entitled to a decree of restitution of conjugal rights on the above said
ground.
16- That no such other
petition is pending or decided by the court of law on the same cause of action
between the same parties.
17- That the present
petition has not been filed in collusion with the respondent.
18- That the marriage of
the petitioner and the respondent was solemnized at Laxmi Palace Banquet Hall, _______
and the parties lastly resided at ________ and the petitioner is still residing
at ________ and the entire cause of action accrued in favour of the petitioner
and against the respondent within the territorial jurisdiction of this Hon’ble
court, therefore the Hon’ble court has got the jurisdiction to entertain and
try the present petition.
19- That a fixed court
fee has been paid on the petition.
It is, therefore, prayed that in the interest of justice and in view of the forgoing facts and circumstances a decree of restitution of conjugal rights Under Section 9 of the Hindu marriage Act may kindly be passed in favour of the petitioner and against the respondent directing the respondent to join the company of the petitioner along with minor child. The costs of the petition may kindly be awarded in favour of the petitioner and against the respondent.
Petitioner.
Through counsel
VERIFICATION:
Verified that the contents of Paras No.1 to 18 of the petition are true to best of my knowledge and Paras No. 19 and 20 of the petition is also true to best of my belief and information received through my counsel. Last Para is the prayer before this hon’ble court. Verified at ______
Petitioner
(Affidavit in support of Petition)
IN THE COURT OF HON’BLE DISTRICT JUDGE, FAMILY COURT
Umesh Kumar Vs. Smt. Rani Kumari
PETITION UNDER SECTION 9 OF THE HINDU MARRIAGE ACT FOR A DECREE OF RESTITUTION OF
CONJUGAL RIGHTS.
AFFIDAVIT.
I,
Umesh Kumar son of Shri _______________________, do hereby solemnly affirm and
declare as under :-
1- That the petitioner was married with the respondent on ________
at Laxmi Palace Banquet Hall, ________according to the Hindu rites and
ceremonies and in the presence of friends, relatives and family members of both
the parties.
Verification : Verified that the contents of my above affidavit are true and correct to best of my knowledge and belief and nothing has been concealed therein. Verified at __
Deponent
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