Section 9 of Hindu Marriage Act, 1955 (HMA) provides for restitution of conjugal rights (RCR). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. Restitution means that something has broken is being restored to its original position; thereby, in the context of marriage, it implies that one of the spouses has withdrawn from the society of the other spouse, i.e. refused to cohabit with the other spouse, under this provision, the aggrieved spouse can file a a Petition of RCR. Format of Petition for Restitution of Conjugal Rights is given below:
IN THE COURT OF THE _____________ JUDGE AT _________
MATRIMONIAL CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. GOBI __________ RESPONDENT
PETITION UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955 FOR RESTITUTION OF CONJUGAL RIGHTS
MOST RESPECTFULLY SHOWETH:
The Petitioner, above named states as under:
1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P1.
2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under:
i) Place of residence before the Marriage
ii) Place of residence at the time of filing the Petition
3. That from this marriage, the couple has been blessed with one boy aged 4 years and one girl child aged 2 years.
4. That the Petitioner and his wife were living together happily at our house. That on _______ the respondent went to her fathers house at _______. She gave word to return within 15 days, but she did not abide by her word and has not returned so far. The Respondent without any reasonable excuse, living in the house of her father.
5. That the petitioner went to his father-in-laws house at_______ 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.
6. That lastly the petitioner went to the house of the respondents father at _______ on _______ and asked the respondent to return with him, but she refused to come.
7. That the respondent deserted the petitioner or/and has withdrawn from his company without any reasonable or lawful excuse.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.
8. The Petition is not being presented in collusion with the Respondent.
9. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner.
10. There is no other legal ground as to why the decree of restitution of conjugal rights be not granted in favour of the Petitioner.
11. That no litigation has taken place between the parties to the Petition earlier.
12. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court.
13. That the cause of action accrued to the petitioner against the respondent, within the jurisdiction of this Court, on _______ when the respondent left for her fathers house at _______ and it continues to accrue from day to day till the respondent comes back to the home of the petitioner and resumes his company..
14. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
P R A Y E R
That the Petitioner, therefore, prays:
a) for grant of decree for restitution of conjugal rights in favour of Petition and against the respondent; and
b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.
I, the above named petitioner, do hereby verify that the contents of this
petition in Para No ______ to Para No __________ are true to my personal
knowledge and those in Para No _____ to Para No ________ are believed by me to
Signed and verified this _______ day of _______ 20 _______ at _______
Power of Attorney
Suits under Code of Civil Procedure
Format of Suit for Compensation for death due to negligence or physical disability due to negligence of others. The Suit can be filed before Competent Judge in Civil Court as per pecuniary Jurisdiction