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

     AB……….Petitioner

(full name and address)

versus

WB………Respondent

(full name and address)

The humble petition of  Sri    AB____________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 residence   

 Status / Place of residence

(1) Before marriage

————————————————————————————————–

(2) After marriage

(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.

9. The marriage was solemnised at……..on……….The husband and wife live at…..The husband and wife last resided together within the local limits of the ordinary original civil jurisdiction of this court

10. The petitioner prays for a decree for restitution of conjugal rights against the respondent.

                                                                                                                   Sd/- Petitioner

Verification

      I, AB son of……..aged about………years residing at……………do hereby solemnly affirm and say as follows:

    I am the petitioner above-named and I know and I have made myself acquainted with the facts and circumstances of this case.

     The statements in paragraphs 1 to 10 are true to my knowledge and belief.

     I sign this verification on this…….day of…………at the Court

House at……………………

Before me Notary

Signature of AB

Signature of Advocate

Understanding the Form of Petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955 provides various legal remedies for individuals seeking relief in matters related to marriage.

One such remedy is the restitution of conjugal rights, outlined under Section 9 of the Act.

This provision allows a spouse to petition the court for a decree to compel the other spouse to resume cohabitation if they have withdrawn from the marital home without a valid reason.

Below is an explanation of the Form of Petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955.

This petition is filed by the party seeking restitution, requesting the court to grant the return of their spouse to the marital home.

Petition for Restitution of Conjugal Rights: Legal point Sections and Their Explanation

1. Introduction

The petition is filed by Sri AB (the petitioner) against WB (the respondent), detailing personal information about both parties, such as their full names and addresses.

The form also includes the marriage details, such as the date and place of the marriage, and the status of the parties before and after the marriage.

• Marriage Details: The petition begins by confirming the solemnization of the marriage between the parties, along with an extract from the Hindu Marriage Register and an affidavit.

2. Status and Place of Residence

This section requires the petitioner to provide the status and place of residence of both the husband and wife both before and after the marriage.

This helps the court understand the living circumstances of both parties and the changes that may have occurred after marriage.

• Before and After Marriage: The petitioner must specify where each party lived before and after the marriage. This includes whether the parties were Hindus by religion, which is a part of their status.

3. Details of Cohabitation and Children

The petition also requires details regarding the couple’s cohabitation as husband and wife and any children born out of the marriage.

Specific information such as the date and place of birth of each child, their gender, and their current status (alive or deceased) must be included.

4. Withdrawal from Society

In this part, the petitioner states the cause of the marital discord. The petitioner asserts that on a specific date, the respondent without reasonable excuse and with the intention of disrupting the marital home, withdrew from the society of the petitioner.

The reasons for the estrangement are detailed here.

5. No Collusion

The petitioner affirms that the petition is not filed in collusion with the respondent.

This is an important legal safeguard to ensure that the petition is genuine and not an attempt to deceive the court.

6. Timeliness of Filing

The petitioner also declares that there has been no unnecessary or improper delay in filing the petition. This is important as the court may consider any undue delay as an obstacle in granting relief.

7. No Legal Grounds for Denial

Here, the petitioner asserts that there is no legal reason preventing the granting of relief, thus strengthening the case for restitution of conjugal rights.

8. Previous Proceedings

The petition must also address whether any previous legal proceedings have been initiated in relation to the marriage.

If there have been prior proceedings, the petitioner must explain that the bar of res judicata (the principle that prevents the same issue from being litigated more than once) does not apply.

9. Court’s Jurisdiction

This section specifies the jurisdiction of the court. The petitioner mentions the location of the marriage and the last place of residence of both parties, ensuring that the court has jurisdiction over the matter.

10. Prayer for Relief

The petitioner finally prays for a decree for restitution of conjugal rights against the respondent, requesting the court to compel the respondent to resume cohabitation.

Verification of the Petition

The petition concludes with a verification section where the petitioner solemnly affirms the truthfulness of the statements made in the petition. This section is signed by the petitioner and witnessed by a notary public.

The petitioner declares that the statements in the petition are true to the best of their knowledge and belief, ensuring that the petition is genuine and not fraudulent.

Conclusion

The Form of Petition for Restitution of Conjugal Rights is a crucial document for individuals seeking to restore the marital relationship and ensure their right to cohabitation under the Hindu Marriage Act, 1955.

The petition must be well-drafted, with clear and accurate details regarding the marriage, the estrangement, and the efforts made to resolve the issue.

If you are considering filing such a petition, it is advisable to consult with an experienced lawyer to guide you through the legal process and ensure that your petition is in accordance with the law.

Legal Light Consulting can provide expert legal assistance for drafting and filing such petitions, protecting your rights and interests.

Contact Legal Light Consulting today for your legal needs.