IN THE COURT _______ AT NEW DELHI

(CRIMINAL WRIT JURISDICTION)

NO. OF

IN THE MATTER OF:

AMBRISH RADHESHYAM TIWARI …….PETITIONER

VERSUS
AMISHA @ALISH BEGUM ….. RESPONDENTS

MEMO OF PARTIES

AMBRISH RADHESHYAM TIWARI

S/o Sh. Radheshyam Tiwari
Residing at: Plot no. 262, Karala,
Sukhbeer Nagar, 110081 ….Petitioners
VERSUS

AMISHA@ ALISHA BEGUM

 SYNOPSIS AND LIST OF DATES
 The facts of the present case, in a nut shell are to the effect that as such the present
petitioner and one Amisha @ Alish Begum - wife of petitioner were known to each other
since last around 5 years, this acquaintance developed into friendship, followed by love
and affection and after a gap of complete understanding, the present petitioner and
Respondent decided to get married.
 As such both the petitioner and Respondent were major, their marriage came to be
solemnized on 19/07/2020 in accordance with the rites and rituals of Hindu religion at
Delhi in presence of the other witnesses.
 On Dt. 12/09/2023, sister of the respondent called the respondent and informed about the
illness of her mother and asked her to come with the petitioner to Gujarat. After, getting
news of illness of mother-in-law the petitioner booked bus ticket and reached to
Ahmedabad, Gujarat. Then, they come to knew that nothing happens to mother-in-law
and even the sister of respondent accept that she lied about illness of her mother.
 Later, the sister of respondent on the telephonic called, informed the petitioner about the
denial of sending back the wife of petitioner by the family members. It is the
apprehension of the petitioner and rightly so that his wife is kept in illegal confinement.
 That, on Dt. 18/11/2023, The officials of police station Begampura, Delhi have recorded
the statement of the petitioner, but instead of taking any actions, shockingly, petitioner
was advice to approach the Gujarat Police, where the family members of respondent
resides. Even otherwise, it was the legal and statutory duty of the police officials to trace
wife of the petitioner in response to his complaint, as such no earnest and sincere efforts
are made by the police authorities.
 That the Hon’ble High Court dismissed the Habeaus corpus filed by the petitioner

LIST OF DATES
17.07.2020 wife of petitioner changed her religion from Muslim to Hindu by affirming an
affidavit at Delhi.
19.07.2020 The marriage of petitioner and Respondent was solemnized in accordance with
rites and rituals of Hindu Religion at Arya Sewa Sansthan, Greater Noida
January, 2021 Amisha @ Alish Begum became pregnant, But unfortunately cause of some
complications they both lost their first child
12.09.2023 sister of the respondent called the respondent and informed about the illness of
her mother and asked her to come with the petitioner to Gujarat. After, getting
news of illness of mother-in-law the petitioner booked bus ticket and reached to
Ahmedabad, Gujarat.
15.09.2023 cousion brother of Respondent informed critical situation of her granny, so
mother-in-law of petitioner requested to the petitioner to come along with her .
Hence, the petitioner left for Pratapgarh, U.P along with his mother-in-law, for
reasons of humanity and his moral responsibility.
23.09.2023 the sister of respondent on the telephonic called, informed the petitioner about
the denial of sending back the wife of petitioner by the family members.
24.09.2023 the petitioner was shocked and worried about the respondent, the petitioner
immediately left for Kalol, Gujarat with his bike bearing the registration
number DL02SR9222. When the present petitioner reached at house wife of
petitioner, the assailant beat him up badly. The police took the petitioner to the
police station and assaulted and threatened him a lot. Hence, the petitioner lost
his sense and state of mind
26.09.2023 Wife of petitioner bailed the petitioner. uncle and brother brings the petitioner
Delhi in a similar physical and mental condition. The petitioner is still
undergoing treatment.
15.11.2023 Petitioner forwarded a complaint to the Police officials of begampura and
Superintendent of Police, Dahiya Badhah Marg, Rohini extension, Sector – 23
Delhi narrating all the said facts
18.11.2023 officials of the police recorded the statement of the petitioner, but instead of
taking any actions, petitioner was advice to approach the Gujarat Police, where
 the family of respondent resides, and further recorded that, the complaint Dt.
15/11/2023 was preferred just for avail the assistance of the Gujarat Police.
18.12.2023 Petitioner filed a habeaus corpus petition at High Court of Delhi wherein the
Petition was dismissed .
 IN THE COURT OF _____________________, LD P.J. FAMILY COURT
SAKET COURT, NEW DELHI
Marriage Petition No. ___ Of 2019

IN THE MATTER OF:-

AMBRISH RADHESHYAM TIWARI

PETITIONER

VERSUS
AMISHA @ ALISH BEGUM RESPONDENT

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

HINDU MARRIAGE ACT, 1955

The petitioner above named most respectfully state as under:

1. That the petitioner is the husband of the respondent, their marriage having been
solemnized at Delhi on 19/06/2020 according to the Hindu religion and ceremonies.
2. That the respondent, prior to the marriage, was known by her maiden name as Alish
begum, while there is no change resulted in the name of the petitioner.
3. That the family members of the petitioner were not aware with the said marriage, who
belongs from the Hindu Family. On the other hand, parent and family members of the
respondent were aware with the said marriage, who belongs from the Muslim family.
4. That petitioner and respondent started living at petitioner’s house since almost last 3
years on her own free will and consent, with knowledge of her parents and family
members
5. That after their marriage, the parties hereto cohabited and resided together. As a result of
happily life of this petitioner and Respondent, Amisha @ Alish Begum became pregnant
in January, 2021. But unfortunately cause of some complications they both lost their first
child.
6. That the family members of respondent forceD the petitioner to convert into Muslim.
7. That on 12.09.2023 Sister-in-law of petitioner called the respondent and informed about
the illness of her mother and asks her to come with the petitioner to Gujarat. After,
getting news of illness of mother-in-law the petitioner booked bus ticket for both to
Ahmedabad, Gujarat. When the petitioner and respondent reached home they come to
knew that nothing happened to Mother-in-law and even sister-in-law accepted that she
lied about illness of her mother.
8. That petitioner stayed there for 3 days and on 15.09.2023 cousin brother of respondent
informed critical situation of her granny. Respondent’s mother requested to petitioner to
came along with her. Hence, petitioner left for Pratapgarh, U.P along with his mother-in-
law for reasons of humanity and his moral responsibility.
9. That on 23.09.2023 Sister of respondent on the telephone informed the petitioner about
the denial of sending back respondent by the family members. So the petitioner was
 shocked and worried about wife of petitioner, the petitioner immediately left for Kalol,
Gujarat with his bike. When the petitioner arrived at his respondent’s house, he was
brutally attacked by an assailant, but the local police intervened. The petitioner informed
a friend in Delhi about the incident. Subsequently, the police took him to the station
where he was further assaulted and threatened, causing him to lose his senses. The
following day, his brother and uncle arrived in Kalol, Gujarat, and the respondent bailed
him out. He was then brought to Delhi by his relatives, still in a distressed state, and
continues to receive treatment.
10. That it is apprehension of petitioner that respondent is kept in illegal confinement. On
18.11.2023 Petitioner’s statement was recorded by the officials of Police Inspector
Begumpur but instead of taking actions, petitioner was advised to approach Gujarat
Police and recorded that complaint Dated 15.11.2023 was preferred just to avail the
assistance of the Gujarat Police.
11. That petitioner is putting continuous efforts to trace the respondent but have failed herein,
the petitioner is contrained to approach this court with a prayer of restitution of conjugal
rights.
12. That there has been no earnest and sincere efforts are made by the police authorities and
petitioner is passing his days in frustration and mental agony as whereabouts of
respondent is not known and in-laws of petitioner are not making any efforts and not co
operating though it is their legal duty and pious obligation to protect the lives of the
citizens.
13. That, thus, the respondent only at the instigation of her parents and other relatives 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.
14. That the petitioner submits that he was right from the beginning and has ever since been
sincere, ready and willing to live with the respondent, and the respondent being his
legally wedded wife has no right or reason or ground to leave him alone.
15. That the marriage was solemnized at Delhi, 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.
16. That the cause of action for this petition first arose on ______, 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.
17. That the petitioner also declares and confirms that this petition presented by him is not
collusive.
18. That this petition being chargeable with a fixed rate of court fee, the same is paid
herewith.
PRAYER:

It is most respectfully prayed that -

(a) A decree for the restitution of conjugal rights be passed against the respondent, and she be
directed to be sent back with this petitioner, and
(b) Any other orders in the interest of justice be kindly passed. Delhi.

New Delhi Petitioner

Dated: ___Oct, 2019
Through Counsel
 IN THE COURT _______, LD P.J. FAMILY COURT
ROHINI COURTS, NEW DELHI
Marriage Petition No. ___ Of 2019

IN THE MATTER OF:-

SH.__________
S/O_______
R/O_________ PETITIONER

VERSUS

SMT. _______
D/O_________
R/O__________ RESPONDENT

AFFIDAVIT

I, Sh.________, s/o Sh. _________, aged about 30 Years, r/o ____ Senior Manager Contract &
Legal, M/S M.L. Outsourcing Services Pvt. Ltd., K-1, Green Park Main, New Delhi-110016, do
hereby solemnly affirm and declare on oath as under-

1. I, Sh., 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 I am
competent to swear this affidavit.
2. That the accompanying application has been drafted under my instructions and its
contents are true and correct to the best of my knowledge.

DEPONENT

VERIFICATION:

This is verified at New Delhi on ____ day of July, 2019, that the contents of the above affidavit
are true and correct to best of my knowledge and nothing is false nor any material facts has been
concealed there from.

DEPONENT