IN THE COURT OF DISTRICT JUDGE, DELHI

Matrimonial Petition No of 2020

Mr. Abhilash Kapoor

Son of Mr. Sachin Kapoor

Aged 30 years
Occupation: Charted Accountant
Residing at 56-W, New Mohali
Sector-17, Chandigarh 133301 ..................................................................Petitioner

v.

Mrs. Kanika Duggal

Daughter of Mr. Rajeev Duggal
Aged 28 years
Occupation: Lecturer
Residing at 48 model town, near Gulab Nagar market
New Delhi 110001............................................................................................Respondent

Petition for restitution of conjugal rights under Section 9 of the Hindu Marriage
Act, 1955

The above mentioned petitioner most respectfully showeth:

1. That Abhilash (hereinafter referred to as petitioner) is Chandigarh based Charted

Accountant (CA) and his wife Kanika (hereinafter referred to as respondent) is a lecturer
at Commerce College, Delhi.
2. That both petitioner and respondent are Hindus as per Section 2 of Hindu Marriage Act
1955 and have completely different family backgrounds and values. The marriage
between the parties was solemnized as per Hindu rites and customs after the
commencement of the Hindu Marriage Act on 14 th day of February 1990, at New Delhi,
in an ordinary manner as per the Hindu customs and traditions the invitation card of
which has been annexed with this plaint as Annexure 1
3. That both petitioner and respondent were knew each other before marriage.
4. That it is worth mentioning that neither any specific discussion was made by the couple
regarding the location of their matrimonial home before marriage nor was any agreement
reached between them regarding the same. No discussion or agreement took place
between petitioner and respondent regarding the continuance of respondent’s job after
marriage.
5. That only idea that was put forward by the petitioner was that he respects career-oriented
women and like any other groom, petitioner assured respondent before marriage that he
was more than willing to have her as his wife.
6. That after the solemnization of marriage, respondent managed to take leave for four
months and stayed in Chandigarh with petitioner and his parents after which she left for
Delhi to resume her job.
7. That thereafter, petitioner and respondent were visiting each other during the holidays
quite frequently and the feeling of love, care and affection between them was not lost.
8. That the couple was blessed with a daughter named Ritika Kapoor on 15 June , 1992. The
birth certificate of the Ritika Kapoor is annexed with the plaint in the form of
Annexure(3).
9. It is worth noting that respondent is now staying with her mother in Delhi along with
couple’s daughter.
10. That the respondent was non-cooperative and also didn’t want to stay with her in laws and
also she refused petitioner for physical intimacy because she didn’t want to have second
pregnancy.

11. That since Ritika Kapoor lives with the respondent in Delhi, the parents of petitioner wants
to live with their only grand-daughter and wants to spend their time with her.
12. That respondent has refused to leave her job as her promotion is due in December, 1997.
She has also ignored the pleadings of petitioner and his parents on the name of her wish
to have her economic independence.
13. That she has denied the petitioner his right to procreation of a child by saying that one
child is sufficient in the family because I have dreams and goals, I don’t want to put off.
14. That she has also hurt the feelings of petitioners parents by comparing their last wish to
an attempt to rate her daughter less of an asset as compared to a boy.
15. That the real reason behind not leaving her parents is that she is oversensitive and cannot
bear the idea of staying away from her parents for too long.
16. That the petitioner believes the reason for the respondent not leaving her job, to be the
financial dependency of the respondent’s parents on the respondent
17. That there has been no proceedings of any kind in respect of this marriage between
petitioner and respondent in any court in India before this petition.
18. That there is no collusion between petitioner and respondent regarding this petition.
19. That the petition is being filed without any type of delay.
20. That the respondent at the time of presentation of this plaint resides in Delhi therefore
this court is having jurisdiction to try and entertain this petition.
21. That the petitioner has affixed the requisite court fee stamp on the petition for the purpose
of jurisdiction and court fees.
22. The petitioner therefore prays that:
a) The Honourable Court may be pleased to direct the respondent to live with the
petitioner and to allow the petitioner a free exercise of his conjugal rights with the
respondent.

b) Any other relief which is proper in the interest of justice may be granted.
Sd. Sd.

Petitioner’s Advocate Petitioner

I, Mr Abhilash Kapoor son of Sachin Kapoor, residing as above do hereby solemnly affirm and
verify that the contents of paras 1 to 23 of this petition are true to my own knowledge and belief.
The remaining parts are based on information received and I believe the same to be true.

Solemnly affirmed as aforesaid at Chandigarh on 7 th day of February 2020.

Interpreted and Affirmed by me.

Sd. Sd.

Petitioner’s Advocate Petitioner

Before me

(Oath Commissioner)
 IN THE COURT OF DISTRICT JUDGE, DELHI

Mr. Abhilash Kapoor (Petitioner)

v.
Mrs. Kanika Duggal (Respondent)

AFFIDAVIT IN LIEU OF PETITION FOR RESTITUTION OF CONJUGAL

RIGHTS UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955

I Abhilash kapoor, son of Mr.Sachin Kapoor, aged 30 years a Charted Accountant by

profession, residing at 56-W new Mohali, Residency, Sector-17, Chandigarh 133301
petitioner herein, do hereby solemnly affirm and state under oath as under:-

1. I say and submit that I am a Chandigarh based Charted Accountant (CA) and my wife
Kanika is a lecturer at Commerce College, Delhi.
2. I say and submit that both I and my wife are Hindus as per Section 2 of Hindu Marriage
Act 1955 and are having completely different family backgrounds and values.
3. I say and submit that I and my wife were knew to each other before marriage
4. I say and submit that neither any specific discussion was made by this regarding the
location of our matrimonial home before marriage nor was any agreement reached
between them regarding the continuance of my wife’s job after marriage.
5. I say and submit that we married on respondent on 14 th February, 1991 as per the Hindu
customs and traditions.
6. I say and submit that our marriage was registered as per Section 8 of Hindu Marriage Act
1955.
7. I say and submit that my parents have been living in Chandigarh for last 25 years and my
wife’s parental home is in Delhi.
8. I say and submit that after the solemnization of marriage, my wife managed to take leave
for four months and stayed in Chandigarh with me and my parents after which she left for
Delhi to resume her job.
9. I say and submit that thereafter, we have been visiting each other during the holidays.
10. I say and submit that we were blessed with a daughter named Ritika Kapoor on 15 June,
1992. I say and submit that my wife is now staying with her mother in Delhi along with
 our daughter.
11. I say and submit that I have been persuading her ever since that she should leave her job
and stay with me in Chandigarh but the respondent was non-cooperative and also didn’t
want to stay with her in laws and also she refused petitioner for physical intimacy
because she didn’t want to have second pregnancy.
12. I say and submit that since Ritika Kapoor lives with my wife in Delhi, the parents of
petitioner wants to live with their only grand-daughter and wants to spend their time with
her
13. I say and submit that my wife has blatantly refused to leave her job as her promotion is
due in December, 1997. She has ignored our pleadings on the name of her economic
independence.
14. I say and submit that she has denied me my right to procreation of a child by saying that
one child is sufficient in the family because I have dreams and goals, I don’t want to put
off.
15. I say and submit that she has also hurt the feelings of my parents by comparing their last
wish to an attempt to rate her daughter less of an asset as compared to a boy.
16. I say and submit that the real reason behind not leaving her parents is that she is
oversensitive and cannot bear the idea of staying away from her parents for too long.
Moreover since nothing is more important to her than her career she does not wish to go
for a second pregnancy.
17. I say and submit that the other major reason for not leaving her job is that her parents are
dependent on her salary as her brother is an unemployed fellow with no productive skills.

18. I say and submit that there have been no proceedings of any kind in respect of this
marriage between me and my wife in any court in India before this petition.
19. I say and submit that there is no collusion between me and my wife regarding this
petition.
20. I say and submit that the petition is being filed without any type of delay.

Whatever stated hereinabove are true to the best of my knowledge, information and belief and I
believe the same to be true and correct.

(COMPLAINANT)
Before me:
OATH COMMISSIONER