IN THE HON’BLE FAMILY COURT _______________________

Sanaulla Khan son of Sh. _______R/o _____________________

……Plaintiff

VERSUS

1- Smt. Rahila wife Sanaulla Khan & Daughter of Ramjan Khan.

2- Smt. Saliman wife of Ramjan Khan

3- Ramjan Khan son of Aashu,

4- Salim son of Sh. Ramjan

All resident of village ________________________________.

……..DEFENDANTS.

SUIT FOR RESTITUTION OF CONJUGAL RIGHTS UNDER MOHAMMADAN LAW.

R/Madam,

The Plaintiff most humbly submits as under :-

1- That the marriage of the plaintiff was got solemnized with the defendant no. 1 in the year of 2019 according to Muslim rites and ceremonies and in the presence of friends, relatives and family members of both the parties. The said marriage was performed in a very simple manner and without any dowry. However the parents of the plaintiff gave 1.5 Kg. Silver ornaments and 20 gram Golden ornaments to the defendant no. 1.

2- That after the marriage the plaintiff and the defendant No. 1 cohabited with each other and they lived as husband and wife at the residence of the plaintiff at village _____________. That the plaintiff has always fulfilled all his duties as a genuine and ideal husband and did not caused any difficulty which could be trend as a pretext for the Defendant no. 1. The plaintiff has fulfilled his all the duties and obligations imposed on him by the society towards the plaintiff and fulfill all the needs of the defendant no. 1. Out of the said wedlock no children are born out so far.

3- That from the very beginning of the marriage the behavior of the defendant no. 1 was very cruel towards the plaintiff and his family members and she started picking up quarrels with the plaintiff and his family members on trifle matters without any reason and rhyme. The defendant no. 1 used to insult abuse and maltreat the plaintiff and his family members from time to time. The defendant no. 1 always used to ignore the domestic duties like cooking the food, washing the clothes, cleaning the house. The plaintiff was under the hope that after the passage of time the defendant no. 1 will mend her ways but she did not change in her behavior. The plaintiff tried to mend the ways of the defendant no. 1 but the defendant no. 1 did not change her behavior and attitude rather she became more and more cruel towards the plaintiff and his family members. The defendant no. 1 used to left the house of the plaintiff on several occasions without any permission of the plaintiff and his family members.

4- That due to the interference of her family members i.e defendant no. 2 to 4, she used to force the plaintiff to live separated from the family members of the plaintiff. The plaintiff tried to understand the defendant no. 1 but the defendant no. 1 did not changed her behavior rather the defendant no. 1 gave threatened to the plaintiff that she will suicide by caught electricity wire and will implicate the plaintiff and his family members in a false case. The defendant no. 1 also used to gave threatened to falsely implicate the plaintiff and his family members in a dowry case.

5- That the defendant no. 1 under the instance of her family members refused to understand and she remain used to go to her parental house on several occasions without the consent and permission of the plaintiff. The plaintiff many times brought the defendant no. 1 from her parental house through panchayats.

6- That the behavior and attitude of the defendant no. 1 did not change rather the defendant no. 1 became more frequent. The defendant no. 1 and her family members told the plaintiff to gave Talak to the defendant no. 1 on several occasions and threatened the plaintiff that if the he will not gave Talak to the defendant no. 1 then they will implicate the plaintiff and his family members in a false dowry case. It is pertinent to mention here that the defendant no. 1 has illicit relations with other person and when the plaintiff requested her to stop these illegal and unwarranted activities then the defendant no. 1 threatened the plaintiff and his family members that she will commit suicide and will implicate them in the dowry death case.

7- That at about 4 months ago, the defendants no. 2 to 4 came to the house of the plaintiff in his absence and they took away the defendant no. 1 with them along with entire golden and silver ornaments, valuable clothes, Cash amount of Rs. 70,000/- and Motor Cycle CD Deluxe from the house of the plaintiff. On next day the plaintiff went to the house of the defendants and requested the defendant no. 1 to join the company of the plaintiff but the defendant no. 1 under the influence of defendants no. 2 to 4 clearly refused to join her matrimonial house. The defendants insulted the plaintiff and they told that they would not send back the defendant no. 1 with the plaintiff and also refused to give silver and golden ornaments and cash amount of Rs. 70,000 and motor cycle to the plaintiff. The defendants threatened the plaintiff to implicate them in a false dowry case and also the defendants gave threatened to the plaintiff that they will perform second marriage of the defendant no. 1.

8- That the plaintiff and his family members also conveyed several panchayat at the house of the defendants and the panchayat members namely ____________________________ requested the defendants to send back the defendant no. 1 with the plaintiff to her matrimonial house but the defendants did not paid any heed on the request of the plaintiff.

9- That the plaintiff was ready and is still ready to keep and maintain the defendant no. 1 but the defendant no. 1 under the influence of defendants no. 2 to 4 does not want to join the conjugal company of the plaintiff. That after that many panchayats were also held by the plaintiff’s family members but all in vain. The last Panchayat was conducted by the plaintiff and his family members on dated 16-05-2021 in which the defendants finally refused to send back the defendant no. 1 with the plaintiff.

10- That the cause of action accrued to the plaintiff when the defendant No. 1 used to left the house of the plaintiff in his absence. The cause of action further accrued on when the defendants came to the house of the plaintiff and they took away all the golden and silver ornaments and cash amount and motor cycle of the plaintiff. The cause of action further arose on when the plaintiff conveyed a Panchayat at the house of the defendants but the defendants refused to send back the defendant no. 1 with the plaintiff and the cause of action finally arose on 16-05-2021 when the plaintiff alongwith his family members and respectable persons of the society conveyed a Last Panchayat at the house of the defendants, but the defendant no. 1 and her family members insulted them and turned out them from their house and the defendant No. 1 flatly refused to join the company of the plaintiff. Hence this petition.

11- That the plaintiff is entitled to a decree of restitution of conjugal rights on the above said grounds.

12- That no such other petition is pending or decided by the court of law on the same cause of action between the same parties.

13- That the parties lastly resided at village __________________ and the entire cause of action accrued 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.

14- That a fixed court fee has been paid on the petition.

PRAYER:-

It is, therefore, prayed that this Hon’ble court may graciously be pleased to:-

a. Pass a decree for restitution of conjugal rights directing the defendant No. 1 to join the conjugal company of the plaintiff immediately.

b. Pass a decree for Mandatory injunction directing the defendants to hand over his all silver and golden jewellaries , cash amount of Rs. 70,000/- and motor cycle to the plaintiff.

c. Costs of the suit may kindly be awarded in favour of the plaintiff and against the defendants.

d. Or any other relief, which this Hon’ble court deems fit and proper, be granted in favour of the plaintiff and against the defendants.

Verification: Verified that the all contents of this plaint no. 1 to 12 & prayer para of the plaint are correct and true to the best of my knowledge and no. 13 & 14 are my belief. Verified at On..................

Plaintiff

Sanaulla Khan

Through Counsel

(Affidavit in support of suit)

IN THE HON’BLE FAMILY COURT _____________________________

Sanaulla Khan VERSUS Smt. Rahila etc.