IN THE COURT OF CIVIL JUDGE,(JUNIORDEVISION),

S.A.S NAGAR (MOHALI)

PETITIONER

VS
RESPONDENT

PETITION UNDER SECTION 9 OF

HINDU MARRIAGE ACT 1955:-

THE PETITIONER ABOVE NAMED SUBMIT AS HEREUNDER: -

1. That at all material times the parties to the proceedings were and are Hindus
governed by the Hindu Marriage Act 1955.

2. That on the ______day of ______petitioner was duly married with the

respondent at _____and the said marriage was solemnized as per Hindu rites
and customs. The marriage Invitation card is annexed as annexure-1 for
kind perusal of the Hon’ble court.

3. That ever since date of marriage the petitioner and respondent lived
together as husband and wife in village Raipur in the address of petitioner’s
above address. The petitioner and respondent begot two female child and
one male child out of wedlock namely__________.

4. That right from the beginning of the marital life, respondent picked up
unnecessary quarrels for trivial issues and started harassing petitioner for
each and every action. Petitioner tolerated all harassments meted out to him
by respondent and her family members with the fond of hope that she will
improve her attitude towards him on one day or other. However her
attitude never improved.

5. That the respondent and her family members put pressure upon petitioner
to .live separately from his family as the respondent after marriage, disliked
petitioner and his parents and wanted to join her parents and lead
matriarchic form of life which was not liked by this petitioner. The petitioner
 for saving his marriage got ready to live separately from his family and took
a rented room in village mataur and shifted there with the respondent but
the attitude of the respondent towards him never changed.

6. That on ______ the brother in laws of the petitioner come to the rented
accommodation of petitioner at village mataur and took the respondent
with them to get her treatment for _______

7. That when the petitioner after few days went the house of his in laws to get
the respondent back to his house but in laws refused to send respondent
with the petitioner and when petitioner pressed on getting the respondent
back with him then his brothers in laws abused and beat him. Due to the
beating petitioner got injured and was hospitalized for ----- day in the
hospital of________Chandigarh and the police recorded petitioner’s statement
in the said hospital.

8. The petitioner got phone call from the police station regarding the said
incident but the petitioner never went to the police station as the petitioner
does not want to initiate the proceeding against his in-laws because the
petitioner want to save his marriage.

9. That the respondent gave a false compliant against the petitioner in the
Women cell Chandigarh, by making false allegation that the petitioner was a
drug addict person. The matter was compromised and the custtoay of the
three children was deliverd to the petitioner.

10. The respondent filied a domestic voilance case against the petitioner just
to harras the petitiner and the case is still pending _____

11. Respondent now residing with her parents thereby ending fair chance
of re-union, on amicable grounds. After repeated counseling by elders
respondent refused to re-unite and deserted this petitioner in the last week
of ______and after repeated approaches, the respondent threatened to launch
false criminal cases.This petitioner suffered due to surprise attitude of
respondent and the parents of respondent, and illegal desertion of
respondent for over ____years.

12. Respondent never discharged the duties of dutiful wife with petitioner
and also as dutiful daughter- in- law towards petitioner’s family. Further
respondent prevented petitioner from freely talking with his family
 members and restrained him from having any attachments with his family
members, as respondent never liked them. This action of respondent has
caused mental agony and harassment to petitioner.

13. On many occasions respondent’s father and other relatives are

blackmailing petitioner and his family to file false cases, and many times
respondent has been taken away from home without having consent of
petitioner. Just because respondent is a working woman the parents of her
want to gain advantage out of it and thereby she has deserted with ill advice
and thus perpretated cruelty against petitioner.

14. Thus respondent without any reasonable cause has withdrawn from the
society of this respondent and deserted this petitioner and his child and
went on to live with her parents without having any valid reasons, hence this
petition.

15. The petitioner is having responsibility to his parents in their oldage and
also have duty towards his child and respondent, but respondent is illegally
refusing to live with petitioner.

16. There is no difficiency of love and affection in the home of petitioner. The
child of petitioner is living in joint family happily. The respondent is only
rejecting to live with petitioner family just to accommodate the illegal
wishes of her parents.

17. The petitioner is always ready to provide all love and affection and
shelter to respondent provided she resides in Gubbi with him, but
respondent is adamant to go to sira to her parents place to live as per her
wishes without having any responsibility.

18. That there was no previous proceedings between the parties relating to
their marriage.

19. The parties last lived and resided At_______within the jurisdiction of this
court.

20. The cause of action for filing this petition arose on last week of ______,
when respondent finally deserted this petitioner from then never united
which is within the jurisdiction of this Hon’ble court.
Wherefore the Hon’ble court may be pleased to pass a decree for restitution of
Conjugal Rights and direct respondent to give companionship to petitioner and
motherlihood to the child, by living with petitioner, in his home.

PETITIONER

ADVOCATE FOR PETITIONER

VERIFICATION

I ________the petitioner in the above matter do affirm and say that the facts stated
in the petition are true and correct to the best of my knowledge and belief.

PETITIONER

PLACE: GUBBI

DATE:

IN THE COURT OF CIVIL JUDGE (SR DN) AT GUBBI

M.C. /2010

PETITIONER VS RESPONDENT

H.N. NINGAIAH C.L. BHAGYALAKSHMI

VERIFYING AFFIDAVIT

I H.N. NINGAIAH s/o Narasimhaiah, aged about 36 years, R/at Vadalur Village, Vadalur post, Gubbi
Taluk, gubbi kasaba, Tumkur, do hereby solemnly affirm and state on oath as follows :

1. I submit that, I am the Petitioner in the above case. I am well conversant with the facts of
the case. Hence, I am swearing to the contents of this affidavit.

2. I submit that, today I have filed the above petition for restitution of conjugal rights with
respondent. Further, I submit, that, the averments made in the petition may kindly be read
as part and parcel of this affidavit in order to avoid repetition of facts.

3. I submit that, the averments made in para 1 to 14 of the accompanying petition are true
and correct to the best of my knowledge, information and belief.

4. I submit that, the Documents produced with the petition are copies of the Original.

I, the deponent herein, do hereby declare that this is my name, signature and that the
contents of this affidavit are true and correct to the best of my knowledge, information and
belief.

PLACE : GUBBI

DATED : DEPONENT
Identified by me,

Advocate,