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IN THE COURT OF HON’BLE FAMILY JUDGE, RAEBARELI

Marriage Petition no._____/2011

IN THE MATTER OF

Mr. AMIT
Age- 39,
Occupation- Clerk in district panchayat office
Residing at- Jawahar Vihar colony, Raebareli PETITIONER

VERSUS

Mrs. AMRITA
Age- 38,
Occupation- Assistant Teacher in Primary school
Residing at- Bahadurpur, District Raebareli RESPONDENT

PETITION UNDER SECTION 9 OF HINDU MARRIAGE ACT, 1955

FOR RESTITUTION OF CONJUGAL RIGHTS
MOST RESPECTFULLY SHOWETH: -
The petitioners, above named stated as under: -
1. That the petitioner and the respondent were lawfully married to
each other on 28.02.2002 at Raebareli in accordance with the
Hindu rituals and customs. The said marriage is solemnized under
the provisions of the Hindu marriage Act, 1955. Three children,
namely two sons and one daughter, were born from the wedlock on
02.02.2003, 08.07.2005, and 12.12.2008, respectively.
2. That Amrita, the respondent is the only daughter of her parents
and her father hold the esteemed position of Deputy Divisional
Engineer in the Telecommunication Department. After the
marriage, Amrita completed her B.T.C. training and subsequently
secured the position of Assistant Teacher in the year of 2002 in
primary school, Bahadurpur, district Raebareli.
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3. That since the solemnization of the marriage, the behaviour of

the respondent towards the petitioner took a significant turn for
the worse. At the instigation of Amrita, the petitioner was
compelled to separate from his family and establish a separate
residence in Jawahar Vihar Colony from 26.01.2010 to July 2010.
4. That Amrita and her parents have been persistently subjecting
the petitioner to mental and physical trauma. They have
consistently insulted the petitioner by demeaning his financial
status, despite his meager monthly earning of rupees 2,500/.
Moreover, whenever the petitioner used to to spend time with
Amrita and their children, he was coerced by Amrita’s father to
leave during nights, thereby depriving him of quality time with his
family.
5. That since 25.06.2010, the Respondent has been living
separately from the petitioner and has been residing with her
parents. This certain and unwarranted separation has caused
immense mental and physical agony to the petitioner.
6. That the respondent, in her response, admits to the occurrence
of the marriage, the birth of the children, and the living
arrangement of the couple in a rented accommodation in Jawahar
Vihar Colony Raebareli, as from January 2010. However, she
falsely alleges that the petitioner demanded a sum of Rs. 2,00,000
from her father for his proposed business venture and
consequentially resorted to both mental and physical cruelty when
this demand was left unfulfilled. The respondent further falsely
accused the petitioner of issuing threats to her life and using
derogatory language. It is important to highlight that the
respondent herself took care of household expenses during this.
7. In July 2010, the petitioner contends that certain circumstances
gave rise to a dispute with the respondent, culminating in a formal
separation. Following this separation, the respondent relocated to
her father's residence, where she presently resides. Subsequent to
this event, the petitioner avers an inability to discharge his
parental responsibilities and asserts an incapacity to provide any
form of financial support to the respondent or the children due to
his financial constraints.
8. That it’s pertinent to mention that the Petitioner has been
employed as a clerk at the district panchayat office, Raebareli for
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the past seven years and continues to discharge his official duties
diligently.
9. That the respondent deserted the petitioner or/and has
withdrawn from his company without any reasonable or lawful
excuse. Hence the necessity for the petition arose.
10. The Petition is being presented without any unnecessary or
improper delay on the part of the petition.
11. There is no other legal grounds as to why the degree of
restitution of conjugal rights be not granted in favour of the
petitioner.
12. The Petitioner states that he and the Respondent last resided
together at Raebareli, which is well within the territorial
jurisdiction of this Hon’ble Court. Hence, this Hon’ble Court is
competent to try and decide the present petition.
13. That no litigation has taken place between the parties to the
petitioner earlier.
14. Appropriate court fee stamp is affixed herewith.
15. It is therefore prayed that-
a) The present Petition may be allowed
b) for grant of decree four restitution of conjugal rights in
favour of petition and against the respondent; and
c) any other relief or reliefs which the court may deem proper
under the circumstances be also awarded to the petitioner.

Raebareli
Dated- PETITIONER
VERIFICATION
I, AMIT, age- 39 years, occupation- Clerk in District Panchayat
Office, residing at- Jawahar Vihar Colony, Raebareli state that
whatever stated herein above is true and correct to the best of my
knowledge, information and belief and I have signed hereunder on
_____________ at Raebareli.
PETITIONER
MANHSEKA KAR (LLB-1) (‘A’) (6037)
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