Form of Petition for Restitution of Conjugal Rights under s. 9 of the Hindu Marriage Act 1955

Form of Petition for Restitution of Conjugal Rights under s. 9 of the Hindu Marriage Act 1955

In the District Court …………

AB  ……………………    Petitioner

(full name and address)

versus

WB ……………………    Respondent

(full name and address)

The humble petition of Sri AB                                   of …………………………

1. That a marriage was solemnised between the parties on ………………….. at ………………………

(An extract from the Hindu Marriage Register is filed herewith. An affidavit, duly attested as the case may be).

2. That the status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were and are as follows:

Husband                           Wife

Status           Place of         Status              Place of

residence residence

(i) Before marriage

(ii) At the time of filing the

petition

(Whether a party is a Hindu by religion

or not is a part of his or her status)

3. (In this paragraph particulars and places of cohabitation of the parties as husband and wife and the children from the marriage, if any, should be given. The date and place of birth and name and sex of each child and the fact whether he/she/they/is/are alive/dead should also be stated).

4. That on day of ………… the respondent, without reasonable excuse and with a view to break the matrimonial home withdrew from the society of the petitioner ……… (cause of the estrangement as known to the petitioner may be stated).

5. That this petition is not presented in collusion with the respondent.

6. There has not been any unnecessary or improper delay in filing this petition.

7. There is no legal ground why relief should not be granted.

8. There has not been any previous proceeding with regard to the marriage by or on behalf of any party.

Or

There have been the following previous proceedings with regard to the marriage by or on behalf of the parties but the bar of res judicata does not apply.

Serial No Name of parties Nature of proceedings with section of the Act Number and year of the case Name and the location of court Result
(i)
(ii)
(iii)
(iv)

9. The marriage was solemnised at ………… on ………… The husband and wife live at ………… The husband and wife last resided together within the local limits of the ordinary original civil jurisdiction of this court.

10. The petitioner prays for a decree for restitution of conjugal rights against the respondent.

Sd/- Petitioner

Verification

I, AB son of …………… aged about ………… years residing at ……… do hereby solemnly affirm and say as follows:

I am the petitioner above-named and I know and I have made myself acquainted with the facts and circumstances of this case.

The statements in paragraphs 1 to 10 are true to my knowledge and belief.

I sign this verification on this ………………….… day of …………….. at the Court House at …………… .

Signature of AB

Before me                                                                                             Signature of Advocate

Notary

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