IN THE COURT OF MS. SARITA BIRBAL, LD P.J.

FAMILY COURT
KKD COURTS, NEW DELHI
Marriage Petition No. ___ Of 2019

IN THE MATTER OF:-

SH.__________
S/O_______
R/O_________ PETITIONER

VERSUS

SMT. _______
D/O_________
R/O__________ RESPONDENT

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS U/S 9 OF THE

HINDU MARRIAGE ACT, 1955

The petitioner above named most respectfully state as under:

1. That the petitioner is the husband of the respondent, their marriage having been
solemnized at Pune on____according to the Hindu religion, vaidic rites and ceremonies.
2. That the respondent, prior to the marriage, was known by her maiden name as (Nee)
Shobha, while there is no change resulted in the name of the petitioner.
3. That after their marriage, the parties hereto cohabited and resided together only for about
two months, and hence, the question of any child by the respondent out of the said
wedlock does not arise.
4. That even though the residence of the joint family of the petitioner has presently been at
the within mentioned address, the petitioner has also a separate residential flat in the
Deccan Gymkhana area where the parties have liberty, privilege and privacy to go and
stay there.
5. That immediately after the marriage, on ___March 2019, the petitioner and the
respondent along with the brother and sister-in-law of the former went to Nashik for
attending a religious ceremony on account of the solemnization of the marriage of the
parties hereto and after the ceremony was held on March 200_, the petitioner's brother
and sister-in-law returned to Pune, and the petitioner alone stayed on further there for a
fortnight.
6. That during this stay, when the petitioner inquired with the respondent about their return
to Pune, she straightaway refused to accompany him back to Pune, saying that she had
her final-year B. Com Examination in April 200_, for which she wanted to prepare by
staying at her parents' only, and the respondent promised the petitioner that she would in
the meantime visit the petitioner are Pune, on 31st March 200_, but despite such a
promise on her part the respondent neither came to Pune, nor informed her inability, i]
any, on that account.
7. That since the respondent did not come to Pune or inform anything in that respect, the
petitioner himself went to Nashik and brought the respondent back.
8. That the petitioner respectfully submits that during his stay with the respondent and. her
parents at Nashik, he was surprised about the indifferent behavior on the part of his in-
laws, and by his personal experience with them for about twelve days, he also came to a
tacit conclusion that they are the persons having two sides : one, which is ostensibly open
in public and the other ulterior and intrinsic, which was rather recondite and not revealed,
at least, to this petitioner, he being an innocent and poor creature.
9. That even though the petitioner realized that the respondent being under the heavy
influence of her parents has not been much interested in a happy domesticity and may
flout the sacrosanct ties of the marriage, the petitioner always hoped that perhaps there
may be a new day bringing some light in the life of this petitioner and the respondent, for
the petitioner is such a man who devoutly and fervently believes that every day is a new
life to a wise man as well as a woman.
10. That then by the end of May 2019, the respondent came to Pune and cohabited with the
petitioner only for a while.
11. That on 1st June 2019, the respondent told this petitioner and his parents that her mother
was sick, and she wanted to see her at Nashik, and accordingly, as per the wish of the
respondent, this petitioner accompanied her to Nashik.
12. That, however, on reaching Nashik and finding there that there was nothing wrong with
her mother, who was quite well, it was a great shock to this petitioner, and he was broken
into pieces for the total indifferent and misbehavior on the part of his in-laws and the
respondent.
13. That while this petitioner was in such a hypercritical and delicate condition at Nashik, his
in-laws managed by threat and coercion to write down the contents of an undertaking and
sign the same to the effect that the petitioner would give up drinking, non-vegetarian
food, beating the respondent up, etc.
14. That the parents of the respondent and other in-laws of the petitioner created excruciating
mental cruelty, tortures and severe tensions for this petitioner subsequently by filing a
false criminal complaint under section 498-A of the Indian Penal Code with the police as
well as the court of law.
15. That, thus, the respondent only at the instigation of her parents and other relations left the
society of this petitioner without any sufficient, justifiable or reasonable cause or ground
deprived this petitioner of his conjugal rights against her, and for no reason deserted him
and subjected to suffer unhappiness and misery in life for no fault of his.
 16. That the petitioner submits that he was right from the beginning and has ever since been
sincere, ready and willing to cohabit with the respondent, and the respondent being his
legally wedded wife has no right or reason or ground to leave him alone.
17. That the marriage was solemnized at Pune, and the parties hereto also last resided
together within the local limits of the jurisdiction of this court, and hence this Hon'ble
Court has jurisdiction to try and decide this petition.
18. That the cause of action for this petition first arose on 1st June 200 _, when the
respondent voluntarily deserted this petitioner and left his society with a view to breaking
away the matrimonial tries, and hence, this petition filed today is well within limitation.
19. That the petitioner also declares and confirms that this petition presented by him is not
collusive.
20. That this petition being chargeable with a fixed rate of court fee, the same is paid
herewith.

PRAYER:

It is most respectfully prayed that -

(a) A decree for the restitution of conjugal rights be passed against the respondent, and she be
directed to resume cohabitation with this petitioner, and
(b) Any other orders in the interest of justice be kindly passed. Pune.

New Delhi Petitioner

Dated: ___Oct, 2019
Through Counsel
 IN THE COURT OF MS. SARITA BIRBAL, LD P.J. FAMILY COURT
KKD COURTS, NEW DELHI
Marriage Petition No. ___ Of 2019

IN THE MATTER OF:-

SH.__________
S/O_______
R/O_________ PETITIONER

VERSUS

SMT. _______
D/O_________
R/O__________ RESPONDENT

AFFIDAVIT

I, Sh. ________, s/o Sh. _________, aged about 30 Years, r/o ____ Senior Manager Contract &
Legal, M/S M.L. Outsourcing Services Pvt. Ltd., K-1, Green Park Main, New Delhi-110016, do
hereby solemnly affirm and declare on oath as under-

1. I, Sh., the present petitioner, do hereby state on solemn affirmation that the contents of
this petition in paras 1 to 21 are true and correct to the best of my knowledge and I am
competent to swear this affidavit.
2. That the accompanying application has been drafted under my instructions and its
contents are true and correct to the best of my knowledge.

DEPONENT

VERIFICATION:

This is verified at New Delhi on ____ day of July, 2019, that the contents of the above affidavit
are true and correct to best of my knowledge and nothing is false nor any material facts has been
concealed there from.
DEPONENT