Form of Petition for Restitution of Conjugal Rights under s. 9 of the Hindu Marriage Act 1955

Updated at:March 2010
 
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In the District Court …………

Anish Bhalla …………………… Petitioner

(full name and address)

versus

Veena Bhatt…………………… Respondent

(full name and address)

The humble petition of Sri Anish Bhalla of …………………………

  1. That a marriage was solemnised between the parties on …………........... at …………...............

    (An extract from the Hindu Marriage Register is filed herewith. An affidavit, duly attested as the case may be).

  2. That the status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were and are as follows:

    Husband Wife

    Status Place of Status Place of

    residence residence

    (i) Before marriage

    (ii) At the time of filing the

    petition

    (Whether a party is a Hindu by religion

    or not is a part of his or her status)

  3. (In this paragraph particulars and places of cohabitation of the parties as husband and wife and the children from the marriage, if any, should be given. The date and place of birth and name and sex of each child and the fact whether he/she/they/is/are alive/dead should also be stated).

  4. That on day of ………… the respondent, without reasonable excuse and with a view to break the matrimonial home withdrew from the society of the petitioner ……… (cause of the estrangement as known to the petitioner may be stated).

  5. That this petition is not presented in collusion with the respondent.

  6. There has not been any unnecessary or improper delay in filing this petition.

  7. There is no legal ground why relief should not be granted.

  8. There has not been any previous proceeding with regard to the marriage by or on behalf of any party.

    Or

    There have been the following previous proceedings with regard to the marriage by or on behalf of the parties but the bar of res judicata does not apply.

    Serial No

    Name of parties

    Nature of proceedings with section of the Act

    Number and year of the case

    Name and the location of court

    Result

    (i)

    (ii)

    (iii)

    (iv)

  9. The marriage was solemnised at ………… on ………… The husband and wife live at ………… The husband and wife last resided together...

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