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

HINDU MARRIAGE ACT 1955

IN THE COURT OF THE JUDGE, FAMILY COURT, PUNE

AT PUNE
Marriage Petition No. __./ 200_
Shri_________Y E S _____ )
age 30 years, occupation - service, ) Petitioner
resident of 999 Kasba Peth, )
PUNE 411 O11 . )
Versus
Smt.__________N O T _________ )
age 25 years, occupation - education, ) Respondent
resident of C/o Shri RAT, )
House No. 760 Nashik, District Nashik.

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

MARRIAGE ACT 1955

The petitioner abovenamed submits this petition, praying to state as follows:

1. That the petitioner is the husband of the respondent, their marriage having been
solemnised 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 200_____, 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 behaviour 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 realised 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 200, the respondent came to Pune and cohabited with
the petitioner only for a while.
11. That on 1st June 200______, 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 misbehaviour 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 solemnised 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.
21. That the petitioner, therefore, prays that -
(a) A decr ee for the res titu tion of con jugal rights be pas s ed 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,
Sd/- YES
Dated : __.. PETITIONER
Sd/- xXx
c

ADVOCATE FOR PETITIONER

VERIFICATION
I, Shri YES, 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 belief, and so I have signed hereunder.
Sd/- YES PETITIONER
Subject to the permission of the Court, as the parties shall not be allowed to be represented by legal practitioners,
vide the Family Court Act 1984.

Note : One more draft is provided for the convenience of the readers.