IN THE COURT OF THE JUDGE, FAMILY COURT, THANE

AT THANE

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 most respectfully submits:

The Petitioner states that Petitioner is Respondent’s legally wedded wife and
their marriage having been solemnized on dated ________ at _________, as
per Hindu Vedic Rites and Customs, (Hereby annexed and marked as Exhibit A is
the original Photographs of Marriage). (Hereby annexed and marked as Exhibit B
is the Original Marriage Invitation Card.) The Petitioner further states that out of
said wedlock till today one issue is born to Petitioner and Respondent.

The Petitioner states that her marriage with Respondent was an arranged marriage
which was arranged by elderly persons from both the families with consent of
Petitioner and Respondent. Further the Petitioner states that at the time of
marriage Petitioner was a spinster and Respondent was a bachelor. That the
Petitioner states that she and her parents belongs to a middle class Maharashtraian
family thus they requested Respondent and his family that the engagement
ceremony shall be performed at their home.

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 ti tution of conjuga l 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.