IN THE COURT OF SENIOR CIVIL JUDGE, DWARKA

COURTS, NEW DELHI

SUIT NO.____ OF 2014

IN THE MATTER OF:

SHRI ABDUL KALAM

S/0 SHRI ABDUL SALAM
R/0 HOUSE NO.C-586, C-BLOCK,
MAHAVIR ENCLAVE PART-III,
UTTAM NAGAR,
NEW DELHI-110059 …PLAINTIFF/
HUSBAND

VERSUS

SMT. BUSHRA
W/0 SHRI ABDUL KALAM
D/0 SHRI SARFRAZUDDIN
R/0 IDGAH ROAD, GALI NO.7,
IN FRONT OF MARKAT, SHAH JAHAN MAL
P.S. DELHI GATE, DISTRICT
ALIGARH, (U.P.) …DEFENDANT/
WIFE

P.S.: DABRI

SUIT FOR RESTITUTION OF CONJUGAL

RIGHTS UNDER MUSLIM LAW

MOST RESPECTFULLY SHOWETH:

1. That the Nikah between the parties

according to Muslim Rites and Customs

on 24 t h NOVEMBER, 2013 at Aligarh,

(U.P.). An affidavit duly attested is

filed with this suit.

2. That the status, age and place of

residence of the parties to the suit at

the time of marriage and at the time of

filing the present suit were/was as

follows:

BEFORE MARRIAGE
STATUS AGE PLACE OF
RESIDENCE

HUSBAND MUSLIM 26 YRS H.NO.349, GALI

DIVORCEE NO.85, MAHAVIR
ENCLAVE, NEAR
BINDAPUR, NEW
DELHI

WIFE MUSLIM 25 YRS

IDGAH ROAD, GALI
VIRGIN NO.7, IN FRONT OF
MARKAT, SHAH
JAHAN MAL, P.S.
DELHI GATE,
DISTRICT
ALIGARH, (U.P.)
AT THE TIME OF FILING
THE PRESENT SUIT
STATUS AGE PLACE OF
RESIDENCE

HUSBAND MUSLIM 27 YRS HOUSE NO.C-586,

MARRIED C-BLOCK, MAHAVIR
ENCLAVE PART-
III, UTTAM NAGAR
NEW DELHI-110059

WIFE MUSLIM 26 YRS IDGAH ROAD, GALI

MARRIED NO.7, IN FRONT
OF MARKAT, SHAH
JAHAN MAL, P.S.
DELHI GATE,
DISTRICT
ALIGARH, (U.P.)
3. That after solemnization of the Nikah

the plaintiff with the defendant, the

defendant was brought to her

matrimonial house by the plaintiff

where they lived as husband and wife.

It is pertinent to mention here that

the defendant was not feeling well at

the time of Nikah because she was

taking treatment of Typhoid and

Jaundice from which she was suffering

from last 2 months before Nikah due to

which the defendant showed inability to

make physical relations with the

plaintiff and the same was accepted by

the plaintiff because he was aware of

the illness of the defendant.

4. That on 26 t h November, 2013 a reception

party was organized by the plaintiff

which was also attended by all the

family members and other relatives of

the defendant as well as the family

members and relatives of the plaintiff.

5. That on 26 t h November, 2013 in the

evening, the parents of the defendant

requested the plaintiff and his family

members to send the defendant with them

because she was suffering from Typhoid

and Jaundice and taking regular

treatment from the doctors at Aligarh,

(U.P.) and it was also assured by the

family members of the defendant that

they will send the defendant to her

matrimonial house when she will recover

from the said illness. The said request

of the family members of the defendant

was considered by the plaintiff and his

family members and the parents of the

defendant took the defendant to her

parental house.

6. That after 10-12 days the plaintiff

went to parental house of the defendant

to know about the health of the

defendant and also went along with the

defendant to doctor from which she was

taking treatment and the doctor advised

 that it will take around one or two

months more to recover from the illness

and it was also stated by the doctor

that the defendant became very weak due

to the said illness. Thereafter the

plaintiff came back to his house and

stated to the defendant that I will

talk to you telephonically regularly

and I will visit again also. It is

pertinent to mention here that at the

time of leaving the parental house of

the defendant, the plaintiff gave

Rs.10,000/- to the defendant for her

treatment and proper diet.

7. That the plaintiff used to talk the

defendant regularly telephonically to

know about the health of the defendant

and the defendant also stated that she

was recovering from the illness. On

this the plaintiff felt happy and asked

the defendant when you will join her

matrimonial house. On this, the

defendant said when the doctor advised

 me thereafter I will join my

matrimonial house.

8. That in the month of January-February,

2014 the plaintiff visited frequently

at the parental house of the defendant

to know about the health of defendant

and also gave an amount of Rs.15,000/-

to the defendant for her treatment.

9. That on 03 r d March, 2014 the plaintiff

went to the parental house of the

defendant and on the same day the

defendant came with the plaintiff and

joined her matrimonial house i.e. HOUSE

NO.359, GALI NO.85, MAHAVIR ENCLAVE,

NEAR BINDAPUR, NEW DELHI.

10. That on 04 t h March, 2014 the defendant

again stated that she was not feeling

well and the plaintiff become shocked

and surprised after listening that and

asked the defendant yesterday you

reached at your matrimonial house and

today what happened with you, the

 defendant stated that you should take

me to doctor as I am not feeling well.

11. That on 04 t h March, 2014 the plaintiff

took the defendant to a nearby hospital

in the locality and proper check up and

diagnose was done by the doctors and

gave the proper treatment and advised

to take some medicines and it was also

stated by the doctor that it was urine

infection because of the earlier

illness of Typhoid and Jaundice and the

doctor also advised not to make

physical relations with the defendant

until she recovers.

12. That before the Holi festival the

father and sister of the defendant came

to meet the defendant at her

matrimonial house to ask about her

health and how she is residing in her

matrimonial house. On this the

plaintiff told to the defendant’s

family members that the defendant is

residing in a good manner and we are

 providing proper care and treatment to

the defendant from the best doctors so

she will recover as early as possible.

The plaintiff also told them that the

defendant is even not allowed by us to

do household chores because the doctor

advised her for complete rest.

13. That the father of the defendant

requested the plaintiff to take her at

her parental house but the plaintiff

refused for that and said that

treatment of the defendant is going on

and we are providing proper care and

good facilities to her and the

defendant is treated in her matrimonial

house by the parents of the plaintiff

as their own daughter.

14. That in the month of March, 2014 the

plaintiff went for a picnic along with

defendant when she felt better and

spent good time during the said picnic

and also went to the house of the

relatives of the plaintiff on the

 invitation as a new married couple for

dinner.

15. That on 28 t h March, 2014 again the

defendant fell ill and asked the

plaintiff for check to a doctor. On the

same day the plaintiff took the

defendant to a doctor in his locality

and the doctor suggested that you have

gone through some blood tests and other

tests, so on the next day on 29 t h March

2014 the plaintiff took the defendant

to Center Hospital, Tilak Nagar, New

Delhi, for her proper check up and

diagnose and to know what happened

again with defendant. Later on, some of

the relatives of plaintiff that there

is a good doctor in Deen Dayal Upadhyay

Hospital, New Delhi and there after

defendant was provided treatment from

Deen Dayal Upadhyay Hospital, New

Delhi.

16. That on 14 t h April, 2014 the chachi and

mother of the defendant came to meet

 the defendant and asked about her

health, at that time the doctor

inserted the equipment in the urinal

part of the defendant for the proper

urine pass and plaintiff was providing

the best treatment to the defendant.

17. That on 16 t h April, 2014 father of the

defendant reached at the matrimonial of

the defendant and asked to the

plaintiff I want to take the defendant

at her parental house but the plaintiff

refused for that and told the father of

the defendant that we are providing

best treatment to the defendant from a

qualified doctor and also gave proper

love and affection and the doctor also

suggests some other tests which are

going to be conducted on 17.04.2014 but

the defendant become annoyed and went

along with their father to her parental

house without consent and permission of

the plaintiff and his family members

and also taken all her golden and

 silver jewelleries with her and still

they are in custody of the defendant.

18. That thereafter the plaintiff visited

several times at the parental house of

the defendant to know about the health

of the defendant and the parents of the

defendant told the plaintiff that they

will send the defendant to her

matrimonial house when will not recover

properly from her illness.

19. That on 1st day of June, 2014 the

plaintiff talked the defendant through

telephone and told her that he is

coming to her parental house to bring

back her at her matrimonial house. When

the plaintiff reached at the parental

house of the defendant, he found that

the defendant was not present there and

the sister of the defendant told the

plaintiff that she will come in the

evening and she also left her mobile

phone at her residence. The plaintiff

remained at the parental house of the

defendant till evening but the

defendant did not back in her parental

house, suddenly the father of the

defendant and used filthy and abusive

language to the plaintiff saying that,

“TUMNE AUR TUMHARE PARIVAR NE HAMARE

BETE KO BAHUT TANG KIYA HAI AUR ISKI

BIMARI KA KARAN TUM AUR TUMHARE PARIVAR

HAI, HUM USSE NAHIN BAHEJENGE AUR AB

HAMARA AUR TUMHARA SAMNA COURT MEIN HI

HOGA”. On this the plaintiff tried to

understand his father-in-law at his

level best that the defendant was

suffering from the said illness before

her Nikah and the plaintiff and his

family had given proper treatment,

care, love and affection to the

defendant, but the father of the

defendant did not pay any heed on the

request of the plaintiff and threatened

the plaintiff for dire consequences and

thereafter the plaintiff came back to

his house and narrated the whole

incident to his family members.

20. That the family members of the

plaintiff also tried to understand the

defendant and her family members

telephonically just to save the

matrimonial life of the plaintiff and

the defendant but they did not give any

heed on their request and the family

members of the defendant threatened the

family members of the plaintiff to

falsely implicate in false dowry cases.

21. That having no other option left, the

parents of the plaintiff discarded the

plaintiff and the defendant from their

moveable and immoveable properties and

severed their relations with them

through Publication in a daily

Newspaper.

22. That now the plaintiff is residing at

the rented accommodation at the above

given address in the title of the suit

and doing field work in a sanitary shop

an earning Rs.5,000/- to Rs.6,000/- per

month.
23. That the plaintiff persuaded and

requested to the defendant many times

not to ruin the matrimonial life of the

plaintiff and defendant but the

defendant was adamant on her such cruel

behaviour towards plaintiff.

24. That the defendant/wife has without any

reasonable and probable cause and

excuse has withdrawn from the society

of the plaintiff/husband w.e.f.

16/04/2014. There has been a withdrawal

by the defendant/wife from the conjugal

relationship, though it is the duty of

the spouses to afford to each other

matrimonial company.

25. That the cause of action firstly arose

on dated 16.04.2014 when the defendant

went to her parental home without the

consent and permission of the plaintiff

and his family members and taken all

her golden and silver jewellery with

her. The cause of action further arose

 on 01 s t June, 2014 when the plaintiff to

the parental house of the defendant to

bring her back to her matrimonial house

but the family members of the defendant

refused for that and the cause of

action is still subsisting as despite

several visits of the plaintiff, the

defendant did not join her matrimonial

house.

26. That the plaintiff is presently

residing at the above given address

HOUSE C-586, C-BLOCK, MAHAVIR ENCLAVE

PART-III, UTTAM NAGAR, NEW DELHI-110059

within the local limits of the ordinary

original jurisdiction of this Hon’ble

Court, hence this Hon’ble Court has

territorial jurisdiction to try,

entertain and decide the present suit.

27. That the appropriate court fee has been

affixed to the plaint.

 PRAYER

It is, therefore, most respectfully

prayed before this Hon’ble Court that keeping

in view the above said facts and

circumstances, that decree for Restitution of

conjugal rights may kindly be passed in favour

of the plaintiff against the defendant, in the

interest of justice.

Any other or further order/s which this

Hon’ble Court deems fit and proper may also be

passed in favour of the plaintiff and against

the defendant.

NEW DELHI:
DATED: /09/2014 PLAINTIFF

(ABDUL KALAM)

THROUGH

(LPS & ASSOCIATES)

ADVOCATES
CHAMBER NO.745,
DWARKA COURTS COMPLEX,
SECTOR-10, DWARKA,
NEW DELHI-110075
VERIFICATION:

I, ABDUL KALAM, the above named

plaintiff do hereby state and verify on

solemn affirmation that the contents of Para

No.1 to 25 of the above suit are true and

correct to my knowledge and Para No.26 to 31

are based on the information received and

believed to be true by him. Last Para is

PRAYER to this Hon’ble Court.

Verified at NEW DELHI on this ___ day

of SEPTEMBER, 2014

PLAINTIFF

(ABDUL KALAM)
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY
COURTS, DWARKA, NEW DELHI

SUIT NO.____ OF 2014

IN THE MATTER OF:

SHRI ABDUL KALAM …PLAINTIFF

VERSUS

SMT. BUSHRA …DEFENDANT

AFFIDAVIT

I, ABDUL KALAM, AGED ABOUT 27 YEARS S/0 SHRI

ABDUL SALAM, R/0 HOUSE NO.C-586, C-BLOCK,

MAHAVIR ENCLAVE PART-III, UTTAM NAGAR, NEW

DELHI-110059 do hereby solemnly affirm and

declare as under:

1. That I am the Plaintiff in the

accompanying Suit Under Section 9 of

Hindu Marriage Act, 1955 and well

conversant with the facts and

circumstances of the case, as such

competent to swear the present

affidavit.
1. That the Nikah between the deponent and

defendant was solemnized according to

Muslim Rites and Customs on 24 t h

NOVEMBER, 2013 at Aligarh, (U.P.),

according to Hindu Rites and Customs.

2. That the parties to the suit are residing

separately since 16.04.2014.

3. That the suit is not presented in

collusion with the defendant.

4. That there has not been unnecessary or

improper delay in filing the suit.

5. That the accompanying suit under General

Muslim Law for Restitution of Conjugal

Rights has been drafted by my Counsel

under my instructions. The same has been

read over and explained to me in my

vernacular language and I say that the

same is true and correct to the best of

my knowledge and belief.

6. That the contents of the accompanying suit

under General Muslim Law for Restitution

of Conjugal Rights may kindly be read as

part and parcel to this affidavit as the

same have not been repeated herein for

the sake of brevity.

DEPONENT

VERIFICATION:

Verified at New Delhi on this ___ day of

SEPTEMBER, 2014 that the contents of my

affidavit are true and correct to the best

of my knowledge and belief and nothing

material has been concealed there-from.

DEPONENT
 IN THE COURT OF SENIOR CIVIL JUDGE, DWARKA
COURTS, NEW DELHI

SUIT NO.____ OF 2014

IN THE MATTER OF:

SHRI ABDUL KALAM …PLAINTIFF

VERSUS

SMT. BUSHRA …DEFENDANT

MEMO OF PARTIES

SHRI ABDUL KALAM

S/0 SHRI ABDUL SALAM
R/0 HOUSE NO.C-586, C-BLOCK,
MAHAVIR ENCLAVE PART-III,
UTTAM NAGAR,
NEW DELHI-110059 …PLAINTIFF

VERSUS

SMT. BUSHRA
W/0 SHRI ABDUL KALAM
D/0 SHRI SARFRAZUDDIN
R/0 IDGAH ROAD, SAHAJ MAL
P.S. DELHI GATE, DISTRICT
ALIGARH, (U.P.) …DEFENDANT

NEW DELHI:
DATED: /09/2014 FILED BY:

(LPS & ASSOCIATES)

ADVOCATES
CHAMBER NO.745,
DWARKA COURTS COMPLEX,
SECTOR-10, DWARKA,
NEW DELHI-110075
 IN THE COURT OF SENIOR CIVIL JUDGE, DWARKA
COURTS, NEW DELHI

SUIT NO.____ OF 2014

IN THE MATTER OF:

SHRI ABDUL KALAM …PLAINTIFF

VERSUS

SMT. BUSHRA …DEFENDANT

INDEX
SL.NO PARTICULARS PAGES C/FEE

1. MEMO OF PARTIES.

2. SUIT FOR RESTITUTION OF

CONJUGAL RIGHTS UNDER
MUSLIM LAW, ALONG WITH
AFFIDAVIT

3. LIST OF DOCUMENTS ALONG

WITH DOCUMENTS.

4. VAKALATNAMA.

NEW DELHI:
DATED: /09/2014 FILED BY:

(LPS & ASSOCIATES)

ADVOCATES
CHAMBER NO.745,
DWARKA COURTS COMPLEX,
SECTOR-10, DWARKA,
NEW DELHI-110075
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY
COURTS, DWARKA, NEW DELHI

SUIT NO.____ OF 2014

IN THE MATTER OF:

SHRI ABDUL KALAM …PLAINTIFF

VERSUS

SMT. BUSHRA …DEFENDANT

LIST OF DOCUMENTS

1. Marriage Photographs

2. Copy of Nikahnama

3. Copy of the Rent Agreement

4. Copies of the medical documents.

5. Any other documents with the permission of

this Hon’ble Court

NEW DELHI:
DATED: /09/2014 FILED BY:

(LPS & ASSOCIATES)

ADVOCATES
CHAMBER NO.745,
DWARKA COURTS COMPLEX,
SECTOR-10, DWARKA,
NEW DELHI-110075