PETITION FOR RESTITUTION OF CONJUGAL RIGHTS UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955 (ACT NO. 25 OF 1955)

 

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:

  1. 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.

  2. 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.)

  3. 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.”)

  4. 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    That the respondent, without any reasonable cause, has withdrawn from the society of the petitioner with effect from __ [Date]__.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.)

  5. No Collusion:
    That this petition is not presented in collusion with the respondent.

  6. No Delay:
    That there has not been any unnecessary or improper delay in filing this petition.

  7. No Legal Bar:
    That there exists no other legal ground why the relief prayed for should not be granted.

  8. 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
  9. 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.

  10. 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:

  1. Pass a decree of restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, in favor of the petitioner.
  2. 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:

  1. That the contents of paragraphs 1 to __ of this petition are true to my knowledge.
  2. 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.)

Share this :
Facebook
Twitter
LinkedIn
WhatsApp