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IN THE COURT OF CIVIL JUDGE JUNIOR DIVISION- I

AT PORT BLAIR

MAT Suit No. of 2017

Shri. Zahid Ali,

S/o Shri. Hasan Ali,

R/o School Line,

Port Blair,

South Andaman District.

……Plaintiff

-Versus-

Smti. Tafsana Tabsum,

S/o Shri. Zahid Ali,

D/o Shri. Abdul Salim

R/o Prothrapur,

Near Prothrapur chowk

Port Blair,

South Andaman District.

……Defendant

SUIT FOR RESTITUTION OF CONJUGAL RIGHT

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The humble petition of the plaintiff above named most

respectfully

S H E W E T H :-

1. That the Plaintiff is residing at the address mentioned in

the cause title and all Court notice etc. may be served

upon her through her Ld. Advocate.

2. That the Defendant is residing at the address mentioned

in the cause title and all Court notice etc. may be served

upon him at the address mentioned in the cause title.

3. That both the plaintiff and the defendant are Muslim by

religion and as such they are governed by Mohammedan

Law.

4. That the Plaintiff got married to the Defendant on

18.09.2011 at Daya Sagar Hall at Prothrapur as per

Muslim customs and rites and the said marriage was love

cum arranged marriage.

5. That the plaintiff and the defendant met each other when

they were doing highest studies at mainland. Both of

them developed intimacy gradually and decided to marry

each other.
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6. That soon after the marriage the Plaintiff accompanied

the Defendant to his matrimonial home at School Line in

his own house.

7. That the plaintiff is an educate man having done Bachelor

of Business Administration, he had to ply Auto –

Rickshaw for his livelihood and to run the family. During

such activity, the plaintiff often comes late to the

matrimonial home. This was not liked by the defendant

and dispute cropped up between the parties.

8. That out of the said wedlock between the plaintiff and the

defendant one female child namely Kumari Afreen Zahid

was born on 23.07.2013 at G.B.Pant Hospital.

9. That it is pertinent to mention here that everything

was well and the family was running smoothly but it

was noted by the plaintiff that the defendant was not

able to adjust with the family of the plaintiff. The

reasons are not known. The defendant was searching

some or the other grounds to part with the plaintiff. On

18.12.2012 the defendant in order to annoy the plaintiff

asked him to provide a photograph of his father as she

doubts the character of his mother. This was not liked by

the plaintiff and he told her not to speak in the said

manner as the entire village knows about the marriage

between the mother of the plaintiff and his father. On the

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next day, the defendant left the matrimonial home. At

about 11 ‘O’ Clock on 19.12.2012, the plaintiff received a

phone call from Women Cell though which it was told to

the plaintiff that a complaint has been lodged against him

by the defendant and the plaintiff was asked to attend the

women cell. The plaintiff attended the women cell and he

was given a date of appearance i.e. 28.12.2012.

10. That

11.

12.

13. That there is no collusion of connivance between the

parties in moving this application.

14. That both the parties are residing in these Islands and

this Hon’ble Court is competent to entertain and dispose-

off this application.

15. That your Plaintiff has paid the requisite Court-Fee of Rs.

20/- (Rupees Twenty Only) by way of Court-Fee stamp.

It is therefore most humbly

prayed that your honour

would be graciously

pleased to pass:-

a) A Decree for restitution

of conjugal right
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between the Plaintiff

and the Defendant;

b) Such other/further

relief as this Hon’ble

Court may deem fit and

proper.

FOR THIS ACT OF KINDNESS YOUR PLAINTIFF SHALL EVER

PRAY

Port Blair Signature of the Plaintiff

Dated: .01.2017

Signature of the Counsel

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VERIFICATION

I, Shri. Zahid Ali, S/o Shri. Hasan Ali, R/o School Line,

Port Blair, South Andaman District, do hereby verify and says

that the statements made in paragraph 1 to 26 are true to the

best of my knowledge and belief and rest are my respectful

submission before this Hon’ble Court.

Verified at Port Blair on this ……….. day of January,

2017.

Signature of the Plaintiff

Counsel for the Defendant

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AFFIDAVIT

I, Shri. Zahid Ali, S/o Shri. Hasan Ali, aged about ………..

years, R/o School Line, Port Blair, South Andaman District, do

hereby solemnly affirm and says as follows:

1. That I am the Plaintiff in the instant suit and as such I

am well acquainted with the facts and circumstances of

the case.

2. That the statements made in paragraphs 1 to 26 are

true to the best of my knowledge and belief and I have

not suppressed any material facts.

Port Blair

Dated: .01.2017 DEPONENT

Identified by me
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CERTIFICATE

Solemnly affirm before me, the contents of this affidavit

and the exhibits therein referred to having been first truly and

audibly read over to the declarant in Hindi, he being illiterate or

unacquainted with English who appears perfectly to

undersigned and made his finger impression thereto or signed

in my presence.

Solemnly affirm on this ……… day of January, 2017 at

Port Blair.

Signature of Deponent