IN THE HON’BLE FAMILY COURT, AT BANDRA

MUMBAI
MJP A / OF 2025
IN THE MATTER OF U/s. 281 of
MOHAMMEDAN LAW
FOR
RESTITUTION OF CONJUGAL RIGHTS.

AND

IN THE MATTER OF MARRIAGE

BETWEEN MR. MERCHANT MURTUZA
AKHTAR AND MRS. SHABNOOR
KOTHAREWALA SOLEMNISED ON 29TH
DECEMBER, 2024 AT RED CARPET
BANQUET, NALA SOPARA EAST,
MUMBAI.

MR. MERCHANT MURTUZA AKHTAR

Aged ___ years, Occ. Business
Residing at Flat no. B/101
Dharti Complex Bldg next to Evershine enclave
Miraroad East, Mira- Bhayander
Thane- 401107 … Petitioner

VERSUS

MRS.SHABNOOR W/O MERCHANT MURTUZA

Aged ____ years, Occ. Housewife Presently

residing at C 201, Ornament Apartment,
Near Bharat Gas Agency,

Evershine city, Vasai east

Thane- 401208

THE HON’BLE PRINCIPAL JUDGE

& OTHER HON’BLE JUDGES OF THIS
HON’BLE COURT.

THE HUMBLE PETITION OF THE

PETITIONER ABOVENAMED.
MOST RESPECTFULLY SHEWETH

1. That the Petitioner and the Respondent above

named are citizen of India and Muslim by religion, and
domiciled in the state of Maharashtra and governed by
the Mohammedan Law. At the time of marriage the
Petitioner was bachelor and the Respondent was a
spinster and her maiden name was Shabnoor D/o.
. The Petitioner further states that the marriage between
Petitioner and Respondent was arrange marriage and
took place on 29.12.2024 at Red Carpet Banquet
Hall, Nalasopara East, Mumbai, followed by a
grand reception and walima, in accordance with
Islamic personal law and family traditions.. The
Petitioner states that he does not have copy of
Nikhnama with him. The copy of Nikhanama is in
possession of the Respondent. The Petitioner is
producing herewith the original copies of Wedding Card
and Photographs of Marriage. Hereto annexed and
 marked as an EXH - “A (colly)” are the copies of the
original wedding card, photographs of marriage and
Xerox copy of Aadhar card of the Petitioner. At the time
of marriage there was no demand of dowries. At the
time of marriage both the sides of family members
gifted various gold and silver ornaments to the
Respondent. However, while leaving the matrimonial
home the Respondent has taken all gold ornaments
along with other stuffs with her. The Petitioner is having
the video of the same and he shall rely the same as and
when produced.

2. That the engagement and pre-wedding functions were

held with full family participation. On 10.03.2024, a
formal engagement ceremony took place at the
Defendant’s residence in Vasai East. Thereafter, on
16.03.2024, the Defendant along with her relatives
visited the Plaintiff’s house for the birthday celebration
of Plaintiff’s nephew.
3. During the month of March 2024, the Defendant’s family
invited the Plaintiff for an iftar dinner and gifted him
clothing purchased earlier that day. On 13.04.2024, the
Plaintiff went with the Defendant and her family for
further gift shopping for the engagement ceremony.
4. On 01.05.2024, the Plaintiff and his family were invited to
attend the Defendant’s cousin’s wedding, followed by
their Walima function on 02.05.2024.
5. A formal engagement celebration was organized on
10.05.2024 at Sanaya Dhaba, Naigaon East, hosted by
the Defendant’s family. Following that, a family get-
together was arranged by the Plaintiff on 27.06.2024 at
Shahi Restaurant, Mira Road.
6. On 06.08.2024, the Plaintiff visited the Defendant’s
 residence to celebrate his birthday and went for a movie
at PVR with her and on 17.08.2024, wedding shopping
was done with the Defendant and her relatives. On
30.08.2024, the Plaintiff and his mother made a visit to
the Defendant’s home.
7. On 29.09.2024, both parties visited Malabar Gold, Vasai,
to purchase wedding jewellery. On 08.10.2024, both
families attended food tasting at Shalimar Restaurant for
the wedding. On 10.10.2024, the Defendant’s mother
called the Plaintiff and insisted he join personality
development classes to improve his posture and gesture.
8. On 01.11.2024, the Plaintiff, Defendant, and her cousin
collected the gold items from the jeweller after full
payment marked and annexed as Exhibit B an on
10.11.2024, the Plaintiff celebrated the Defendant’s
birthday and took her to Capital Mall food court.
9. On 04.12.2024, a dispute arose concerning the Plaintiff’s
wedding invitation card which did not bear the
Defendant’s father’s name.
10. On 26.12.2024, the Plaintiff and his family attended the
Defendant’s Haldi ceremony. The marriage (Nikah) was
solemnized on 29.12.2024, followed by a wedding
reception and Walima function. After the reception, the
couple stayed at Voxton Inn Hotel, Mira Road, from
29.12.2024 to 30.12.2024 marked and annexed as
Exhibit C .
11. On the night of 29.12.2024, after all the religious rituals
and gifting a gold bracelet as “Mooh Dikhayi,” the
Defendant refused physical intimacy, stating that she
wasn’t feeling well. On the following morning
(30.12.2024), her behavior was cold and distant, but she
continued speaking normally to her family over the
phone.
12. That evening, both attended the Walima ceremony, after
which she again rejected the Plaintiff’s emotional
approach, stating that consummation would take place
only after the honeymoon.
13. On 31.12.2024, the Defendant left for her maternal home
with her uncle and aunt (mama and mami) and stayed
there until 01.01.2025. She returned briefly on
02.01.2025 for a family dinner in Mira Road and stayed at
the Plaintiff’s house that night.
14. On 03.01.2025, both parties left for their honeymoon to
Kashmir, but the Defendant’s behaviour throughout the
trip remained hostile and distant. Due to weather
conditions, the flight got delayed and their seats got
transferred to emergency window where she refused
seating beside the Plaintiff saying she would prefer
different seats on the flight, avoided interaction during
airport delays, and stayed away in hotel lobbies and
cabs.
15. Throughout the trip (03.01.2025 to 08.01.2025), the
Defendant avoided conversations, refused couple photos,
and spent disproportionate time with the trip driver. She
showed a preference to sit in the front seat with him and
even consumed hookah with the driver during a night out
in Srinagar, without entering the hotel room. Intimacy
was repeatedly denied by citing excuses such as
headaches, fever, periods, and physical discomfort.
16. Upon their return on 08.01.2025, the Defendant stated
she missed her home and wished to visit her mother in
Vasai. The Plaintiff offered to drop her, but she firmly
declined and left on her own.
17. On 09.02.2025 (Sunday), the Defendant returned to the
Plaintiff’s house, accompanied by Shabnam, Rupali,
Saima, and a minor child Ayan, and removed all her
 belongings. Shabbir and one unknown male waited on
the ground floor. Since then, the Defendant has neither
returned nor shown any intent to resume matrimonial
life.
18. The Plaintiff submits that despite his multiple requests,
emotional appeals, and consistent readiness to welcome
the Defendant back, she has unjustifiably withdrawn from
the society of the Plaintiff without reasonable cause.
19. That the Plaintiff incurred significant expenses on gold,
silver, wedding jewellery, engagement functions, Kashmir
trip, and other wedding-related items and services. These
include the purchase of two gold kadas worth
₹4,89,000/-, a gold bracelet of ₹55,000/-, engagement
ceremony costs ₹85,813/-, and travel costs ₹45,000/-,
among others. A full list of these items is annexed as
Exhibit B and Exhibit C.
20. The Plaintiff submits that the marriage has not been
consummated till date. The Defendant’s conduct reflects
mental, emotional, and physical withdrawal from
matrimonial responsibilities without lawful justification.
21. That this Hon’ble Court has jurisdiction to try and decide
the present suit as the parties last resided together
within its territorial jurisdiction after solemnization of
marriage.
22. That the Plaintiff submits that there is no collusion or
connivance, no unnecessary delay, and no other suit
pending between the parties with respect to the subject
matter.
 23. The Petitioner states that he is ready to forgive the
act of the Respondent towards him and his family and
ready to take back the Respondent.

24. The Petitioner states that in the aforesaid

circumstances he is entitled for decree of Restitution of
Conjugal Rights u/s 281 of Mohammedan Law direction
the Respondent to render conjugal rights to the
Petitioner.

The Petitioner states that after the marriage and lastly they
have resided at the matrimonial home at Flat no. B/101
Dharti Complex Bldg next to Evershine enclave Miraroad
East, Mira- Bhayander Thane- 401107, hence this Hon’ble
court has got jurisdiction to try and entertain this petition.
 1. No other proceedings with this subject matter
between the parties have been filed in this court or any
other court in India.

2. There is no unnecessary or improper delay in

granting relief.

3. There is no collusion and connivance between the

parties.

4. The Petitioner paid the court fees as per provision of

law
i.e. Rs.100/-. However, no process fee is applicable
according to the Notification.

5. The Petitioner will rely upon the list of documents.

The Petitioner prays that:-

a) That court may please to grant decree of Restitution
of Conjugal Rights u/s 281 of Mohammedan Law in
favour of the Petitioner.
b) Any other or further relief deem fit and proper by
this
Hon’ble court.

Date:- /04/2025
Place:- Bandra, Mumbai

Petitioner
Advocate for
Petitioner
 VERIFICATION

I, MERCHANT MURTUZZA AKHTAR, the Petitioner above

named do hereby state and declare that whatever stated
herein above in this petition is true to the best of my
knowledge and belief.

Solemnly affirmed at Mumbai )

On this day of …………, 2025 )

Petitioner.

Advocate for the

Petitioner
 IN THE HON’BLE FAMILY COURT, AT BANDRA
MUMBAI
MJP A / OF 2025

MR. MERCHANT MURTUZA AKHTAR

} PETITIONER
VERSUS

MRS.SHABNOOR KOTHAREWALA } RESPONDENT

MEMO OF ADDRESS

Residing at Flat no. B/101

Dharti Complex Bldg next to Evershine enclave
Miraroad East, Mira- Bhayander
Thane- 401107 } PETITIONER

VERSUS

Presently residing at residing at C 201,

Ornament Apartment, Near Bharat Gas
Agency, Evershine city, Vasai east
Thane- 401208 …RESPONDENT
 IN THE HON’BLE FAMILY COURT, AT BANDRA
MUMBAI
MJP A / OF 2025

MR. MERCHANT MURTUZA AKHTAR

} PETITIONER
VERSUS

MRS.SHABNOOR KOTHAREWALA } RESPONDENT

LIST OF DOCUMENTS RELIED BY THE PETITIONER

Sr.No. Particulars Exhibit

1. Original copy of wedding card and “A”
Original Photograph of Marriage (Colly)
and
Xerox Aadhar Card of the Petitioner.
2. Wedding photographs ,hotels invoice of “B”
voxton inn, and details of post-marriage
Colly
stay.
3. Honeymoon booking invoices, travel “C”
tickets, Kashmir trip photographs, and
whatsapp behaviour evidence.
4. Bills and invoices for gold and jewellery “D”
items given to respondent, along with
Colly
supporting receipts
5. Incident log and photos of 09.02.2025 –
when respondent came to take
 belongings with others
6. Screenshots of reconciliation efforts,
message/call made by petitioner to
respondent post-separation.
7. Any other documents with the permission
of this Hon’ble court
IN THE HON’BLE FAMILY COURT, AT BANDRA
 MUMBAI
MJP A / OF 2025

MR.MALIK BASHIR AHMED SHAIKH } PETITIONER

VERSUS

MRS.NAZNEEN W/O. MALIK SHAIKH } RESPONDENT

INDEX

Sr. No. Particulars Page

Nos.
1. Roznama A-D
2. Petition
3. Affidavit in support of Petition
4. Memo of Address
6. List of Documents
7. EXH-‘A’ Colly Original copy of wedding
card and Original Photograph of
Marriage and Xerox Aadhar Card of
the Petitioner.
8. EXB-‘B’ (colly)

9. EXH-‘C’
10. EXH-‘D’ (colly.)

11. EXH-‘E’

12. EXH-‘F’

13. EXH-‘G’ (colly.)

17. Application for appointing of Advocate
and Vakalatnama
18. Court Fees
IN THE HON’BLE FAMILY COURT, AT BANDRA
MUMBAI
MJP A / OF 2025
MR. MERCHANT MURTUZA AKHTAR
} PETITIONER
VERSUS

MRS.SHABNOOR KOTHAREWALA } RESPONDENT

APPLICATION FOR APPOINTING

ADVOCATE IN THE ABOVE

MATTER

MAY IT PLEASE YOUR HONOUR

I, the Petitioner above named

most humbly and respectfully submit as under:-

1. I say that the above petition is on today’s board.

2. I say that myself will not be able to plead my case

as I do not have the adequate legal knowledge and
possibly a question of law is involved in my case and I,
myself shall not be able to or in position to conduct my
case on my own adequately.

3. It is therefore necessary for me to take the

assistance of an Advocate. I therefore pray that I may be
permitted to appoint Adv. Enamul Haq Khan, to appear
and plead on my behalf in the above matter. Hence as
per rule 37, The Family Courts Act ( court ) Rules 1988, I
may be granted permission to appoint an advocate as
name mentioned.

And for this act of kindness I shall ever

pray. Mumbai

DATE: PETITIONER

IN THE HON’BLE FAMILY COURT, AT BANDRA

MUMBAI
MJP A / OF 2025

MR. MERCHANT MURTUZA AKHTAR

} PETITIONER
VERSUS

MRS.SHABNOOR KOTHAREWALA } RESPONDENT

VAKALATNAMA

I, the above named Petitioner, hereby appoint Adv.

Enamul Haq Khan, to act appear and plead for me in
the above matter.

IN WITNESS WHEREOF I have set my hand to this writing.

On ……….th This Day of …………., 2025

 PETITIONER

ADVOCATES HIGH
COURT

IN THE HON’BLE FAMILY COURT, AT BANDRA

MUMBAI
MJP A / OF 2025

MR. MERCHANT MURTUZA AKHTAR

} PETITIONER
VERSUS

MRS.SHABNOOR KOTHAREWALA } RESPONDENT

AFFIDAVIT -IN -SUPPORT OF

PLAINT

I, MERCHANT MURTUZA AKHTAR Aged 29

years, Occ. Business, Residing at Flat no.
B/101 Dharti Complex Bldg next to Evershine
enclave Miraroad East, Mira- Bhayander
Thane- 401107, do hereby state on solemn
affirmation as under:-
 I say that I got married with the Respondent on
29.12.2024 at Red Carpet Banquet Hall, Nalasopara East,
Mumbai, followed by a grand reception and walima, in
accordance with Islamic personal law and family
traditions. Thereafter we have resided as husband and
wife at Flat no. B/101 Dharti Complex Bldg next to
Evershine enclave Miraroad East, Mira- Bhayander Thane-
401107

I say that I have filed present Petition for

Restitution of conjugal rights u/s 281 of The

Mohammedan Law.

I say that the Respondent living separately along

with the minor child from me since 29.8.2019
I say that whatever stated in the main Petition
paras are true to the best of my knowledge and I believe
it to be true.

Date:-
Place:-Bandra, Mumbai

Advocate for petitioner Petitioner

VERIFICATION
I, MERCHANT MURTUZA AKHTAR, the Petitioner above
named do hereby state and declare that whatever stated
herein above in affidavit is true to the best of my
knowledge and belief.

Solemnly Affirmed At Mumbai )

On this …….day……………., 2025 )
PETITIONER

Advocate for the

Petitioner

Enamul Haq Khan,

Advocate Mobile
No.9833220037
IN THE HON’BLE FAMILY COURT, AT BANDRA
 MUMBAI
MJP A / OF 2025

MR. MERCHANT MURTUZA AKHTAR

} PETITIONER
VERSUS

MRS.SHABNOOR KOTHAREWALA } RESPONDENT

 IN THE HON’BLE FAMILY COURT, AT
BANDR
A
MUMB
AI
MJP A / OF 2025

MR. MERCHANT MURTUZA AKHTAR

… PETITIONER
VERSUS

MRS.SHABNOOR KOTHAREWALA …
RESPONDENT
 PETITION U/S. 281 OF
MOHAMMEDAN LAW FOR
RESTITUTION OF CONJUGAL
RIGHTS

DATE : /04/2025

Adv. Enamul Haq Khan

MAH/546/2011) M.NO.9833220037
haq.enamul@gmail.com
ADVOCATES FOR PETITIONER
,
MR. MERCHANT MURTUZA AKHTAR