IN THE HON’BLECOURT OF ……………………., PRINCIPAL JUDGE, FAMILY COURT, GURUGRAM
H.M.A. PETITION NO. ………….. OF 202…
IN THE MATTER OF: –
Sh. …… (Aged _ _ Years) S/o Sh. …….., R/o …………, Presently residing at House No. …………, Gurugram, Haryana
Mobile No.: +91 ……………………., Email ID: _ _ _ _ _ _ _ _ _ _ _ _ _ _
….. Petitioner
VERSUS
Smt. ……………. (Aged _ _ Years) W/o Sh. ………., D/o Sh. ………., R/o House No. …………………
Mobile No.: _ _ _ _ _ _ _ _ _ _ _ _ Email ID: _ _ _ _ _ _ _ _ _ _ _ _ _ _
…… Respondent
PETITION U/S UNDER SECTION 9 OF HINDU MARRIAGE ACT, 1955 AS AMENDED UPTO DATE FOR RESTITUTION OF CONJUGAL RIGHT
MOST RESPECTFULLY SHOWETH:
1. That the marriage between the petitioner and respondent was solemnized on Dated ……….. at ………….., Haryana according to Hindu rites & custom in the presence of parents and relative.
2. That the status, age and place of residence of the parties to this marriage before marriage and at the time of filing the present petition are/were as under:-
PETITIONER/ HUSBAND
Status Age (Yrs) Address
At the time of filing present petition Hindu Married 35 …………
At the time of Marriage Hindu Unmarried 28 ……………
RESPONDENT/ WIFE
Status Age (Yrs) Address
At the time of filing present petition Hindu Married 28 ……………
At the time of Marriage Hindu Unmarried 25 ………
3. That after the marriage the Petitioner and the respondent lived together and cohabited as husband and wife at …………………. and from this wedlock a son namely ……… was born on ………… at …………, Delhi who is presently with the respondent.
4. That the marriage of the Petitioner with respondent was an arranged marriage. Both met with each other with their parents and they found their compatibility with each other and consequently marriage ceremony took place on dated ……………….
5. That it was mutually decided that the said marriage will take place in ……….., Haryana by the parents of both the parties. It is pertinent to mention here that the said marriage was solemnized in a joyful manner wherein relatives from both the side were invited.
6. That it is worthwhile to mention here that after marriage the Petitioner and the respondent were given a grand warm welcome by the parents and relatives at the native place of petitioner and thereafter at ……. by the friends and colleagues of the Petitioner, and both the parties started living together at the rented premises of petitioner , House No. ……………… as per wishes of the respondent That it is further worthwhile to mention here that the respondent was warmly welcomed in the family of the Petitioner and all members of the family included Petitioner were very happy and cheerful having found a new member in the family. The respondent was also given love and affection at her matrimonial home by the Petitioner and his family members. The respondent also lived and enjoyed at her matrimonial home in the beginning but later on due to her egoistic attitude as well as wrong advises and instigation from her family members she became aggressive and adamant towards the Petitioner and his family members.
7. That the Petitioner was very happy when he came to know in the month of February, 2014 that the respondent had conceived a baby and having heard this good news the whole family of the Petitioner was joyous as this was the first child to be born in the family after the younger brother of petitioner. It is pertinent to mention here that the respondent was provided with each and every medical facilities by the Petitioner, as well as Petitioner also gave all possible mental and emotional support to the respondent to ease the hard time of the pregnancy of the respondent.
8. That by god grace the petitioner was blessed to be a father on 10.11.2014 and it was the very pleasant moment for the Petitioner when he first time held his new born baby in his lap.
9. That it is also worthwhile to mention here that when respondent went back to Hisar along with new born baby who was/is the apple of everybody’s eyes in the family specifically father of the Petitioner. Wonderful function was held for the naming ceremony of the new born child and all friends and relatives were invited from both side.
10. That the Petitioner and his parents always tried to give homely atmosphere and personal space to the respondent so that she could not feel lonely but the respondent did not respond in the same manner, the attitude and behavior of the respondent had been very rude and blunt which was very unreasonable, shocking and against the etiquettes. She always forced the petitioner for not to live with his parents and had to be live with her parents at Hisar.
11. That in the meanwhile the unnecessary interference of the mother and the brother of the respondent increased in every little matter of the family of the Petitioner, consequently respondent used to throw unreasonable tantrums in the family. The said tantrums and arrogant attitudes of the respondent which was supported by the undue interference by her mother fade the joyful colour of the family of the Petitioner.
12. That inspite of all that happened, the behavior of the respondent remained adamant and non-cooperative.
13. That on 10.11.2014 son was born and all the expenditure on the delivery were borne by the Petitioner and Petitioner provided all her needs and requirements during the said period, the Petitioner was hopeful that after the birth of child there would be a change in the behavior and conduct of the respondent and they would settled and live happily together as husband and wife.
14. That the respondent become more aggressive and violent in her behavior even most of the time she intentionally did not permit the Petitioner and this family to seek and touch the child and on other hand sometime she flatly refused to take care of the child. The Petitioner however tried to make her understand that such kind of behavior by the respondent would spoil their happy married life, but it did not put any much effect upon her as she was much under the influence and instigation of her family member. This behavior of the respondent resulted into great humiliation and harassment to the Petitioner and the family members.
15. That the Petitioner tried his level best to make the respondent happy and never objected any acts and conduct of the respondent. The Petitioner never stopped her from working of her desire, more over the Petitioner always cooperated and gave every possible support to her.
16. That the Petitioner provided full luxury life to the respondent but respondent used to ignore her duties towards the Petitioner and the respondent took no care of him, but despite the said ill attitude of the respondent, petitioner provided a lavish life, due to his financial stability, with no liabilities to the respondent. The respondent had also maid for her services and at no time she had to do any household work for any other family members.
17. That in fact the grandparents have a lot of love and affection towards child and child is very adored by them. In fact Petitioner had time to time tried to make happy and joyful atmosphere in the family. Therefore, he tried his best but respondent did not response in the same manner.
18. That the respondent on Dated …….. left to ……….along-with son …………. without informing the petitioner or any of his and her family member and the petitioner got shocked when he came to know that petitioner left along with all jewelry articles and all her belongings.
19. That next day when petitioner tried to call the respondent to inquire regarding the safe arrival and wellness of her and his son she did not pick the phone and put the number of petitioner in the block list. Neither respondent nor any of her family members reply the phone calls of petitioner.
20. That the Petitioner made every effort to bring the respondent and his son back. He visited so many times for the said purpose but each time she was remained stubborn and adamant. The parents of the petitioner have also tried to settle the matter to bring her back, but they also did not receive any fruitful result. After making many phone calls to other relatives anyhow they came but flatly refuse to talk and even did not allow petitioner’s parents to meet their grandson.
21. That the Petitioner again attempted to save his matrimonial life with the respondent, and made several telephonic calls, messages and persuaded her to return back with child but she has declined to all the persuasion and efforts of the Petitioner.
22. That the Petitioner always neglected and over looked that said misconduct and misbehavior of the respondent with a hope that with the passage of time the respondent would settle down in matrimonial home, but the said hopes and desires of the Petitioner yielded no fruitful result and the respondent by the passing of time become more aggressive and violent and adamant in her conduct and attitude towards the Petitioner. The Petitioner exhausted all the means and way to bring back the respondent by paying personal visits and intervention of respectable persons and relatives, but to no avail.
23. That the Petitioner is a reputed & respectful family person. Hence he never ever wanted to create any bitterness in his marital life. Therefore, he filed the said petition for restitution of conjugal rights.
24. That the petition has not been presented in collusion with the respondent.
25. That no such case is pending in respect of the marriage between the parties to this petition in any other court of law.
26. That there has not been any unnecessary or improper delay in filing the petition.
27. That there is no other legal ground as to why the relief sought should not be granted.
28. That the petitioner presently residing at House No. ……….., Haryana. Hence, this Hon’ble Court has got the jurisdiction to try and decide the present petition.
29. That the proper court fee has been affixed on the petition.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to pass a decree of Restitution of Conjugal Rights in favour of the petitioner and against the respondents along with cost in the interest of justice.
Any other or further relief which this Hon’ble Court deems fit and proper may also be passed in favour of the petitioner.
Place: Gurugram
Dated: _ _/_ _/2021
Petitioner
………………………………………….
………………………………………….
………………………………………….
Through: Jaswant Singh Katariya, Advocate
District Courts, Gurugram
VERIFICATION: –
It is verified that the contents of paras no. 1 to …… of the petition are true and correct to my knowledge and those of paras No. …… to …… of the petition are based on the legal information received and believed to be true. Last para is the prayer clause before this Hon’ble Court.
Verified at Gurugram on Dated: _ _/_ _/2021.
PETITIONER
IN THE HON’BLECOURT OF MS VANI GOPAL SHARMA, PRINCIPAL JUDGE, FAMILY COURT, GURUGRAM
……….. VERSUS …………….
PETITION U/S UNDER SECTION 9 OF HINDU MARRIAGE ACT, 1955 AS AMENDED UPTO DATE FOR RESTITUTION OF CONJUGAL RIGHT
A F F I D A V I T
I, ……….. (Aged _ _ Years) S/o Sh. ………., R/o House No. ………………………………., Presently residing at House No. ………………., Gurugram, Haryana, do hereby solemnly affirm and declare as follows:
1. That I am petitioner in the accompanying petition under section 9 of Hindu Marriage Act and am well acquainted with the facts of the case.
2. That I have gone through the contents of the accompanying petition. I reaffirm the contents of the petition, which are not being repeated here, for the sake of brevity.
3. That the petition is not being presented or prosecuted in collusion with the respondent.
4. That this petition is being presented without any unnecessary or improper delay on the part of the petitioner.
5. That there is no other legal ground as to why the decree prayed for should not be granted in favour of the petitioner.
Deponent
VERIFICATION
It is verified that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.
Verified at Gurugram on Dated: _ _/_ _/2021.
Deponent