IN THE COURT OF THE DISTRICT JUDGE FAMILY COURT , CHANDIGARH
Matrimonial Petition No. 1635 of 2020
Mr. Abhilash S/O Neeraj Kumar
Aged about 30 years , Occupation Charted Petitioner
Accountant residing H .No 569, Sector 19,
Chandigarh
Versus
Mrs. Kanika W/O Mr. Abhilash
Aged about 30 years , Occupation lecturer Respondent
Residing at H .No. 256 Basant Vihar, Delhi
Petition under Section 9 of the Hindu Marriage Act, 1955.
RESPECTED SIR,
The Petitioner, named above, states:
1. That the petitioner and respondent were lawfully married according to Hindu Vedic
rites on 15 October , 1991 at Delhi.
2. Marriage stands registered with the Registrar of Marriages. Certificate copy of
extract of from the concerned register is enclosed herewith.
3. That the petitioner and Respondent (his wife) cohabited and lived together for four
months at Chandigarh.
4. That on 1st march 1992 , the respondent went to her matrimonial house at Delhi to
resume her Job.
5. The petitioner and respondent have no issue with their marriage.
6. That the petitioner went to his father-in-law’s house at Delhi to bring the
respondent, a number of times, but on one pretext or the other, she declined to
come along with the petitioner to his house.
7. There is one Girls born out of their wedlock on 21 December 1992 at Delhi.
8. That lastly the petitioner went to the house of the respondent’s father at Delhi on
1997 and asked the respondent to return with him, but she refused to come.
9. That the respondent refused to come back with petitioner just because her parents
are dependent on her income.
10. The respondent has been neglecting and refusing the petitioner to cohabit with the
petitioner and go for second pregnancy without just cause.
11. The petitioner has always been ready and still ready and willing to keep and
maintain the respondent as his legally wedded wife in her matrimonial wife.
12. That the petitioner is therefore entitled to decree of restitution of conjugal rights.
13. That there is no ground why the relief sought for should not be granted to the
petitioner.
14. That there have been no proceedings of any kind in respect of this marriage
between the petitioner and respondent in any court in India before this petition.
15. That there has been no collusion between the petitioner and respondent regarding
this petition.
16. That respondent has failed to join the company of petitioner without any rhyme or
reason. No such act has been done by the petitioner which could compel the
respondent to leave the company of petitioner . The respondent being the legally
wedded wife of petitioner bound to join the company of petitioner . hence this
petition.
17. That this petition is being presented without any unnecessary or improper delay on
the part of the petitioner.
18. That the respondent deserted the petitioner or/and has withdrawn from his
company without any reasonable or lawful excuse. Hence the necessity for the
petition arose.
19. That this Hon’ble Court has jurisdiction to entertain and try this petition as the
marriage was solemnized at the parties last resided together at Chandigarh and
even presently the respondent is residing within the jurisdiction of this Hon’ble
Court.
20. That a fixed court fee of Rs. 20/- has been paid on the petition.
Prayer
In view of aforesaid the petitioner therefore prays for grant of decree for restitution of
conjugal rights in his favour and against the respondent
That the petitioner claims and prays:
(a) That a decree for the restitution of conjugal rights be passed in favour of the petitioner
against the respondent and respondent be directed to join company of petitioner.
(b) Any other relief or reliefs which the court may deem proper under the circumstances be
also awarded to the petitioner.
Dated. _______
Petitioner.
VERIFICATION
I, the above named petitioner, do hereby verify that the contents of this petition in Para’s 1
to 17 are true to my personal knowledge and those in Para’s No. 1to 17 are believed by me
to be true.
Signed and verified this _______day of _______ 20 _______ at _______ in Civil Court compound.
Petitioner.
AFFIDAVIT TO BE FILED IN SUPPORT OF MATRIMONIAL
IN THE COURT OF THE DISTRICT JUDGE FAMILY COURT
, CHANDIGARH
Matrimonial Petition No. 1635 of 2020
Mr. Abhilash S/O Neeraj Kumar
Aged about 30 years , Occupation CA Petitioner
residing at Chandigarh
Versus
Mrs. Kanika W/O Mr. Abhilash
Aged about 30 years , Occupation lecturer Respondent
residing at Delhi
Affidavit of Mr. Abhilash aged 30 years, occupation ,Charted Accountant Petitioner, affirm
and say as follows:
1. That I am petitioner in the accompanying petition under section 9 of Hindu Marriage Act
and am well acquainted with the facts of the case.
2. That I have gone through the contents of the accompanying petition. I reaffirm the contents
of the petition, which are not being repeated here, for the sake of brevity.
3. That the petition is not being presented or prosecuted in collusion with the respondent.
5. That this petition is being presented without any unnecessary or improper delay on the part
of the petitioner.
6. That there is no other legal ground as to why the decree prayed for should not be granted in
favour of the petitioner.
Signed at ………………..this ………….day of…………,
Deponent
VERIFICATION
I Abhilash the above named deponent do hereby verify on oath that the contents of the
affidavit above are true to my personal knowledge and nothing material has been
concealed or falsely stated therein.
Verified at……………..this …………..day of………….
Deponent
