IN THE COURT OF THE PRINCIPAL FAMILY JUDGE
AT BANGALORE
M.C.NO. /2015
Between :
Sri. RANJITH KUMAR K.
S/o. R. Kuppa,
Aged about 30 years,
R/at. 173, 1st Main Road,
2nd Cross, Bhavani Nagar,
New Quarters, Kempambudi Kere,
K.G. Nagar, Bengaluru - 560019 --- PETITIONER
AND :
Smt. MAMATHA J.
W/o. Ranjith Kumar K.
Aged about 29 years,
R/at. 167/37, 1st Cross,
10th Main Road, Kalappa Block,,
Srinagar, Bengaluru - 560050
Himachal Pradesh-171201. -- RESPONDENT
PETITION UNDER SECTION 9 OF THE HINDU
MARRIAGE ACT
The petitioner above named submits before this
Hon'ble Court as follows:-
1. The address of the parties for the purpose of service
of summons, notices processes etc., are as per the above
cause title. The petitioner may also be served through
their Counsels Adv. Salomi Regina, ADVOCATE, S.R.
Law Associates, NO.14, 1ST Floor, Lady Curzon Road,
Shivaji Nagar, , BANGALORE -560001.
2. The petitioner submits that, the petitioner and the
respondent are the legally wedded husband and wife.
Their marriage was solemnized on 11-11-2011 as per
Hindu rites and customs at Karthik Kaiayana Mantapa,
No.3/1, Sri Magaji Dhondusa Charties, Rudhraswami
temple Street, Gavipuram Extension, Bangalore -
560005, The same was registered on 06-01-2018 at
Office of the Registrar of Marriages, Chamarajpet, B
Bengaluru No.CMP-HM707-2017-138, stored in
C.D.No.CMPM32. The petitioner submits that out of
their wedlock two daughters are born namely; Kum.
Samantha, born on 08.08.2012 and Kum. Riddhishree,
born on 23.07.2015. The copy of the marriage
photographs and registration certificate are produced at
Annexure A, B & C.
3. The petitioner submits that, at the time of marriage
there is no exchange of dowry or dowry articles and the
marriage expenses were also borne equally by parents of
both the parties.
4. The Petitioner submits that, he under Respondent
met each other during October 2011 and had a
courtship. The Petitioner and the Respondent used to
frequently meet and speak to each other regularly.
During April 2012 the Petitioner proposed the
Respondent and after 2 days she confirmed. During June
2012 both of them exchanged ring, as a mark of
commitment towards marriage. The Petitioner used to
frequently visit Chandigarh where the Respondent
resided with her parents. After the engagement the
Respondent and the Petitioner went to Kausali and did
shopping. The Petitioner also presented her with gifts and
their first Album. The Respondent introduced her Uncle
(Sohan Tauji) to the Petitioner on 09-06-2012. The
Petitioner later again met him in Mumbai and spent more
than two hours with him. The Uncle of the Respondent
expressed the happiness of the Respondent towards
Petitioner and looking forward to get married to the
Petitioner.
5. The Petitioner submits that, from May 2012 to
December 2012 he has visited Chandigarh on every
month and spent more than 4 days. The Respondent
used to tell him repeatedly that she found a loving
partner who his affectionate and loving her. The
Petitioner submits that, he had met the parents of the
Respondent and also took their approval for the
marriage. He had also mentioned his concern regarding
the age gap but mother of the Respondent told they had
no problem. During September on the birthday of the
Respondent both the Petitioner and Respondent traveled
to a location with his sixty kilometers away from
Chandigarh spent a whole day and went for movie, the
Petitioner also gifts to her.
6. The Petitioner submits that, the parents of the
Respondent also visited Calcutta and met the parents of
the Petitioner to fix the marriage date. The mother of the
Petitioner was concerned about the age gap but the sister
and the parents of the Respondent had no problem and
finally the marriage date was fixed for 19-01-2013. The
Respondent had resigned TBSS during November 2012
and was staying with her parents making arrangements
for the marriage.
7. The Petitioner submits that, the marriage was
performed on 19-01-2013 at Chandigarh and later
reception was held on 22-01-2013 at Calcutta by the
Petitioner and his family members. After the marriage,
the petitioner and the Respondent came to Bengaluru on
26-01-2013 and she was busy initially in settling down.
The Petitioner submits that, the Respondent suddenly
with drew after the marriage she was frequently telling
the Petitioner that her friends were telling that she got
married for money even though the Petitioner was 14
years elder to her. The Petitioner comforted her by telling
just to ignore them. But the Petitioner was seeing
changes in the Respondent. Even when they went to
honeymoon to Europe the Respondent was never
speaking to the Petitioner. After coming back from
honeymoon the Petitioner went to Hyderabad and on his
return he found the Respondent was ignoring him
completely and not even speaking to him.
8. The Petitioner submits that, on 04-03-2013 he went
to Hyderabad and returned on the same day but on his
return he was shock to see that the Respondent had left
the house and written a four page letter, in which she
mentions that she has committed mistake by marrying
her an older person and also she never loved in. She also
mentioned that Petitioner is a wonderful human being
but she cannot stay with him as he is 14 years elder to
her and she would prefer to get married a person who is
of her age. This was completely shocking to the
Petitioner.
9. The Petitioner submits that, immediately he
contacted her parents and requested them to send her
back. The parents of the Respondent promised and asked
the Petitioner to give her some time to stay with them.
The Petitioner as requested by the parents of the
Respondent after one month i.e., on 14-04-2013 went to
Chandigarh and brought her back.
10. The Petitioner submits that, she had completely
transformed and made a condition that she would not
sleep in the same room with the Petitioner. The Petitioner
agreed to it as he hoped that time would heal.
11. The Petitioner submits that, the Respondent had
completely stop talking to him and insisted that he would
send her back to her parents house. The Petitioner
reluctantly booked her ticket for 27-05-2013. The
Respondent changed her number never shared with him
and also got a job as a Air Hostess in Indigo with the help
of the Petitioner.
12. The Petitioner submits that, during Diwali he called
her to greet her and also requested her to come back.
The Respondent was very reluctant. The efforts made by
the Petitioner her parents, family members and the
parents of the Respondent failed. The Respondent started
forcing the Petitioner to give divorce had she was
interested to continue.
13. The Petitioner submits that, during December 2014
the parents of the Respondent also started avoiding the
Petitioner by which the Petitioner has suffered lot of
emotional, physical mental and financial loss. The
Petitioner is suffering for no fault of his. All the efforts
made by the Petitioner to convince and bring back the
Respondent has failed.
14. The Petitioner submits that, his hopes of leading a
happy marital life with the Respondent went in vain. The
Respondent was very adamant and was not at all
co-operating with the Petitioner or his family members.
The said fact was brought to the knowledge of the mother
of the Respondent. Initially the mother of the Respondent
turned deaf ears.
15. The Petitioner submits that, the Petitioner has
advised the Respondent several times to behave in a
proper way and to keep a peaceful atmosphere at
matrimonial house as they hails from a respectable
family and they got utmost respect in the society. The
advise of the Petitioner to the Respondent did not yield
any result.
16. The Petitioner submits that, the Respondent was
not co-operative to the Petitioner and she used to lead
aloof in the matrimonial house and she never used to
take active participation at the matrimonial house.
However the Petitioner was adjusting for the attitude of
the Respondent as he had got utmost love and affection
towards the Respondent. The Petitioner was a divorcee
and hence, he did not want to break his marriage with
the Respondent.
17. The petitioner submits that, the respondent has
deserted the petitioner and without any reasons she left
the matrimonial house of the petitioner and living in her
parents house.
18. Even now, the Petitioner is ready and willing to join
the Respondent at the matrimonial life as he and his
parents have got love and affection towards the
Respondent. Without the company of the respondent, the
petitioner is facing several difficulties etc., Hence, the
petitioner is filing the above case seeking for the
judgement and decree on conjugal rights. Hence, this
petition.
19. The petitioner submits that, the cause of action
starts from the date of marriage and finally during May
2013 when the respondent deserted the petitioner and
went to her parents house within the jurisdiction of this
Hon'ble Court as the petitioner is staying in Bangalore.
20. No other petition is filed by the petitioner on the
same subject matter before any other court or forum
either past or present.
21. Sufficient Court Fee is paid along with this petition.
WHEREFORE, the petitioner humbly prayed that
this Hon'ble Court be pleased to pass a judgement and
decree directing the respondent to join the petitioner
at the matrimonial house and to perform the duties
as wife and to uphold the conjugal rights of the
petitioner and grant such other relief/s as this Hon'ble
Court deems fit under the circumstances of the case, in
the interest of justice and equity.
Advocate for Petitioner Petitioner
VERIFICATION
I, the Petitioner named above do hereby verify and
declare that the averments made above are true and
correct to the best of my knowledge, information and
belief.
Bengaluru
Date: -10-2015 Petitioner
IN THE COURT OF THE PRINCIPAL FAMILY JUDGE
AT BANGALORE
M.C.NO. /2015
Between :
Sri. Manish Jha
S/o. Sri. Harsh K.
Aged about 40 years,
R/at Godrej Woodsman Estate,
1101 Aspen Tower-A,
Bellary Road,
Hebbal, Bengaluru -- PETITIONER
AND :
Smt. Preeti Thakur
W/o. Manish Jha
Aged about 26 years,
C/o. Luxmi Colony,
Prem Ghat, Theog District,
Shimla,
Himachal Pradesh-171201. -- RESPONDENT
APPLICATION UNDER SECTION 13 OF THE FAMILY
COURTS ACT
That for the reasons sworn to in the annexed Affidavit, it
is humbly prayed this Hon'ble Court be pleased to permit
the Petitioner to engage the services of an Advocates on
record ie., B. SUMAN, ADVOCATE, LEGAL
CONSULTATIONS, NO.497, 1ST MAIN, PAI LAYOUT,
BANGALORE -560016 to prosecute the above case
effectively, in the interest of justice and equity.
Bengaluru
Date: -02-2015 Petitioner
IN THE COURT OF THE PRINCIPAL FAMILY JUDGE
AT BANGALORE
M.C.NO. /2015
Between :
Sri. Manish Jha -- PETITIONER
AND :
Smt. Preeti Thakur -- RESPONDENT
AFFIDAVIT
I, Manish Jha, S/o. Sri. Harsh K., Aged about 40
years, R/at Godrej Woodsman Estate, 1101 Aspen
Tower-A, Bellary Road, Hebbal, Bengaluru, do hereby
solemnly affirm and state on oath as follows:
1. I am the Petitioner in the above case. I know the
facts of the case. Hence, am swearing to this Affidavit.
2. I submit that, I have the filed the above petition for
restitution of conjugal rights. As I am not conversant
with the law and the questions of law involved in the
above case, I may be permitted to engage the services of
an Advocate to prosecute the case effectively on behalf of
me.
WHEREFORE, I humbly pray that, this Hon'ble Court
be pleased to allow my accompany application, in the
interest of justice and equity.
I, the deponent named above do hereby verify and
declare that the contents stated above are true and
correct to the best of my knowledge, information and
belief.
Identified by me
Deponent
Advocate Sworn to before me
Bengaluru
Date: -02-2015
IN THE COURT OF THE PRINCIPAL FAMILY JUDGE
AT BANGALORE
M.C.NO. /2015
Between :
Sri. Manish Jha -- PETITIONER
AND :
Smt. Preeti Thakur -- RESPONDENT
VERIFYING AFFIDAVIT
I, Manish Jha, S/o. Sri. Harsh K., Aged about 40
years, R/at Godrej Woodsman Estate, 1101 Aspen
Tower-A, Bellary Road, Hebbal, Bengaluru, do hereby
solemnly affirm and state on oath as follows:
1. I am the Petitioner in the above case. I know the
facts of the case. Hence, am swearing to this Affidavit.
2. I submit that, the averments made in Paras 1 to 22
of the petition are true and correct to the best of my
knowledge, information and belief.
I, the deponent named above do hereby verify and
declare that the contents stated above are true and
correct to the best of my knowledge, information and
belief.
Identified by me
Deponent
Advocate Sworn to before me
Bengaluru
Date: -02-2015
IN THE COURT OF THE PRINCIPAL FAMILY JUDGE
AT BANGALORE
M.C.NO. /2015
Between :
Sri. Manish Jha -- PETITIONER
AND :
Smt. Preeti Thakur -- RESPONDENT
EXAMINATION IN CHIEF OF THE PETITIONER BY
WAY OF AFFIDAVIT
I, Manish Jha, S/o. Sri. Harsh K., Aged about 40
years, R/at Godrej Woodsman Estate, 1101 Aspen
Tower-A, Bellary Road, Hebbal, Bengaluru, do hereby
solemnly affirm and state on oath as follows:
1. I am the Petitioner in the above case. I know the
facts of the case. Hence, am swearing to this Affidavit.
2. I state that, I and the respondent are the legally
wedded husband and wife. Our marriage was solemnized
on 19-01-2013 as per Hindu rites and customs at 10,
Judges Court Road, Alipur, Kolkata-700027. The same
was registered on 28-01-2013 at Hebbala, Bengaluru
No.HBB-HM355-2012-13, stored in C.D.No.HBBM14.
The copy of the marriage photographs and registration
certificate are produced for kind perusal of this Hon’ble
Court. The marriage reception took place at Kolkata on
22-01-2013.
3. I state that, at the time of marriage there is no
exchange of dowry or dowry articles and the marriage
expenses were also borne equally by parents of both the
parties.
4. I state that, under Respondent met each other
during October 2011 and had a courtship. I and the
Respondent used to frequently meet and speak to each
other regularly. During April 2012 I proposed the
Respondent and after 2 days she confirmed. During June
2012 both of them exchanged ring, as a mark of
commitment towards marriage. I used to frequently visit
Chandigarh where the Respondent resided with my
parents. After the engagement the Respondent and I went
to Kausali and did shopping. I am also presented her
with gifts and our first Album. The Respondent
introduced her Uncle (Sohan Tauji) to me on 09-06-2012.
I am later again met me in Mumbai and spent more than
two hours with me. The Uncle of the Respondent
expressed the happiness of the Respondent towards me
and looking forward to get my married.
5. I state that, from May 2012 to December 2012 I
have visited Chandigarh on every month and spent more
than 4 days. The Respondent used to tell him repeatedly
that she found a loving partner who his affectionate and
loving her. I further state that, I had met the parents of
the Respondent and also took their approval for the
marriage. I had also mentioned my concern regarding the
age gap but mother of the Respondent told they had no
problem. During September on the birthday of the
Respondent both I and Respondent traveled to a location
with his sixty kilometers away from Chandigarh spent a
whole day and went for movie and gave gifts also to her.
6. I state that, the parents of the Respondent also
visited Calcutta and met my parents to fix the marriage
date. My mother was concerned about the age gap but
the sister and the parents of the Respondent had no
problem and finally the marriage date was fixed for
19-01-2013. The Respondent had resigned TBSS during
November 2012 and was staying with her parents making
arrangements for the marriage.
7. I state that, the marriage was performed on 19-01-
2013 at Chandigarh and later reception was held on 22-
01-2013 at Calcutta by me and his family members. After
the marriage, I and the Respondent came to Bengaluru
on 26-01-2013 and she was busy initially in settling
down. I further state that, the Respondent suddenly with
drew after the marriage she was frequently telling me
that her friends were telling that she got married for
money even though I was 14 years elder to her. I am
comforted her by telling just to ignore them. But I was
seeing changes in the Respondent. Even when we went to
honeymoon to Europe the Respondent was never
speaking to me. After coming back from honeymoon I
went to Hyderabad and on my return I found the
Respondent was ignoring him completely and not even
speaking to him.
8. I state that, on 04-03-2013 I went to Hyderabad and
returned on the same day but on my return I was shock
to see that the Respondent had left the house and written
a four page letter, in which she mentions that she has
committed mistake by marrying her an older person and
also she never loved in. She also mentioned that I am a
wonderful human being but she cannot stay with me as I
am 14 years elder to her and she would prefer to get
married a person who is of her age. This was completely
shocking to me.
9. I state that, immediately I contacted her parents
and requested them to send her back. The parents of the
Respondent promised and asked me to give her some
time to stay with them. I again requested by the parents
of the Respondent after one month i.e., on 14-04-2013
went to Chandigarh and brought her back.
10. I state that, she had completely transformed and
made a condition that she would not sleep in the same
room with me. I agreed to it as I hoped that time would
heal.
11. I state that, the Respondent had completely stop
talking to me and insisted that I would send her back to
her parents house. I am reluctantly booked her ticket for
27-05-2013. The Respondent changed her number never
shared with me and also got a job as a Air Hostess in
Indigo with the help of me.
12. I state that, during Diwali I called her to greet her
and also requested her to come back. The Respondent
was very reluctant. My efforts made her parents, family
members and the parents of the Respondent failed. The
Respondent started forcing me to give divorce had she
was not interested to continue.
13. I state that, during December 2014 the parents of
the Respondent also started avoiding me by which I have
suffered lot of emotional, physical mental and financial
loss. I am suffering for no fault of his. All the efforts made
by me to convince and bring back the Respondent has
failed.
14. I state that, his hopes of leading a happy marital life
with the Respondent went in vain. The Respondent was
very adamant and was not at all co-operating with me or
my family members. The said fact was brought to the
knowledge of the mother of the Respondent. Initially the
mother of the Respondent turned deaf ears.
15. I state that, I have advised the Respondent several
times to behave in a proper way and to keep a peaceful
atmosphere at matrimonial house as we hails from a
respectable family and we got utmost respect in the
society. I advise to the Respondent did not yield any
result.
16. I state that, the Respondent was not co-operative to
me and she used to lead aloof in the matrimonial house
and she never used to take active participation at the
matrimonial house. However I was adjusting for the
attitude of the Respondent as I had got utmost love and
affection towards the Respondent. I was a divorcee and
hence, I did not want to break my marriage with the
Respondent.
17. I state that, the respondent has deserted me and
without any reasons she left the matrimonial house of me
and living in her parents house.
18. I state that, even now, I am ready and willing to join
the Respondent at the matrimonial life as I and my
parents have got love and affection towards the
Respondent. Without the company of the respondent, I
am facing several difficulties etc., Hence, I am filing the
above case seeking for the judgement and decree on
conjugal rights.
WHEREFORE, I most humbly prays that this
Hon’ble court be decree the petition as prayed for, in the
interest of justice and equity.
I, the deponent named above do hereby verify and
declare that the averments made above are true and
correct to the best of my knowledge, information and
belief.
Identified by me
Deponent
Advocate Sworn to before me
Bengaluru
Date: -12-2015
