Form of Petition for Restitution of Conjugal Rights under Section 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 solemnized 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:(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 whether he/she/they are alive or dead should also be stated.
4. That on the 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 have not been any previous proceedings regarding the marriage by or on behalf of any party.Or

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

9. The marriage was solemnized 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 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

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Petition for Restitution of Conjugal Rights: A Legal Remedy in Hindu Marriages

This article focuses on a specific type of legal petition: the Petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955. This legal remedy allows a spouse to seek a court order compelling the other spouse to resume cohabitation.

Key Elements of the Petition:

• Establishing the Marriage: The petition begins by establishing the validity of the marriage, including the date, place, and manner of solemnization.
• Details of the Parties: It provides details about the parties, including their names, addresses, and statuses (occupation, religion, etc.).
• Cohabitation and Children: The petition outlines the history of cohabitation, including details about the place of residence, duration of cohabitation, and any children born of the marriage.
• Grounds for Separation: The petitioner must state the grounds for the separation, such as desertion, cruelty, or other reasons.
• Lack of Collusion and Delay: The petition must affirm that the petition is not filed in collusion with the respondent and that there has been no undue delay in filing the petition.
• Lack of Legal Grounds for Denial: The petitioner must assert that there are no legal grounds to deny the relief sought.
• Previous Proceedings: The petition must disclose any previous legal proceedings related to the marriage.
• Jurisdiction: The petition must establish the jurisdiction of the court to hear and determine the matter.
• Prayer for Relief: The petition concludes with a prayer for a decree for restitution of conjugal rights.

Significance of Restitution of Conjugal Rights:

• Maintaining Marital Unity: The concept of restitution of conjugal rights is based on the principle of preserving the sanctity of marriage.
• Legal Remedy: It provides a legal remedy for spouses who believe their marriage has been wrongfully disrupted.

Important Considerations:

• Changing Legal Landscape: It’s crucial to note that the concept of restitution of conjugal rights has faced increasing criticism in recent years. Many legal experts and social commentators argue that it is an outdated and potentially coercive remedy that infringes upon individual liberty and autonomy.
• Alternative Remedies: In many cases, alternative remedies, such as counseling, mediation, or other forms of dispute resolution, may be more appropriate and effective in resolving marital conflicts.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Contact Legal Light Consulting:

For personalized legal advice and assistance with matrimonial matters, including petitions for restitution of conjugal rights, please contact Legal Light Consulting. Our experienced team can provide expert guidance and ensure that your legal needs are met effectively.

Remember: The legal landscape regarding matrimonial matters is constantly evolving. It is crucial to consult with legal professionals to obtain the most current and relevant advice.

This article provides a general overview of a Petition for Restitution of Conjugal Rights. It is essential to consult with legal professionals to ensure that any legal proceedings are conducted in accordance with applicable laws and procedures.