IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTRICT), DELHI
HMA PETITION NO. _____ OF 20___
IN THE MATTER OF:
X (Full Name)
S/o ____, R/o ____________
…PETITIONER
VERSUS
Y (Full Name)
W/o ____, R/o ____________
…RESPONDENT
PETITION FOR RESTITUTION OF CONJUGAL RIGHTS UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955 (ACT NO. 25 OF 1955)
MOST RESPECTFULLY SHOWETH:
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Marriage Details:
That a marriage was solemnized between the petitioner and the respondent on __ [Date], at __ [Place], in accordance with Hindu rites and ceremonies. The said marriage has been duly registered with the Registrar of Marriages. A certified copy of the marriage registration certificate is annexed herewith. An affidavit attested by the petitioner affirming these facts is also filed. -
Status and Residence Details:
The status and place of residence of the parties before marriage and at the time of filing this petition are as follows:Husband Wife Status Age Place of Residence (Before Marriage) Place of Residence (At Time of Filing) (Specify if either party is not a Hindu by religion, as it is part of their marital status.)
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Details of Children (if any):
That the petitioner and respondent have __ [Number]__ child(ren) from the said marriage:- Child 1: [Name], [Gender], [Date of Birth/Age].
- Child 2: [Name], [Gender], [Date of Birth/Age].
(If there are no children, mention: “There are no children from the said marriage.”)
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Withdrawal from Society:
That the respondent, without any reasonable cause, has withdrawn from the society of the petitioner with effect from __ [Date]__.
(Provide a detailed description of the circumstances under which the respondent withdrew from the petitioner’s society.) -
No Collusion:
That this petition is not presented in collusion with the respondent. -
No Delay:
That there has not been any unnecessary or improper delay in filing this petition. -
No Legal Bar:
That there exists no other legal ground why the relief prayed for should not be granted. -
Previous Proceedings (if any):
That there have been no prior proceedings between the parties regarding this marriage.(If there have been previous proceedings, state their details as follows:)
Serial No. Name of Parties Nature of Proceedings Case Number and Year Name and Location of Court Result -
Jurisdiction:
That the marriage was solemnized at __ [Place], the parties last resided together at __ [Place], and both parties currently reside within the jurisdiction of this Hon’ble Court. -
Maintainability:
That the petitioner submits that this Hon’ble Court has the jurisdiction to entertain and decide this petition under Section 9 of the Hindu Marriage Act, 1955.
PRAYER:
In light of the above-stated facts and circumstances, the petitioner humbly prays that this Hon’ble Court may graciously be pleased to:
- Pass a decree of restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, in favor of the petitioner.
- Grant any other relief(s) that this Hon’ble Court may deem fit and proper in the interest of justice and equity.
PETITIONER
Through
(Advocate Name)
Place: Delhi
Date: ___________
VERIFICATION
I, [Name of the Petitioner], do hereby solemnly affirm and state as under:
- That the contents of paragraphs 1 to __ of this petition are true to my knowledge.
- That the contents of paragraphs __ to __ are based on information received and believed to be true by me.
Verified at __ [Place]__ on this __ [Date]__.
PETITIONER
(Note: An affidavit of the petitioner is to be appended herewith.)