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Application for Section 9

The document is a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, filed by the petitioner against the respondent. It outlines the marriage details, circumstances of the respondent's withdrawal from the matrimonial home, and asserts that the petition is presented without collusion or delay. The petitioner requests the court to grant a decree for restitution of conjugal rights.

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kuldeep singh
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328 views5 pages

Application for Section 9

The document is a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, filed by the petitioner against the respondent. It outlines the marriage details, circumstances of the respondent's withdrawal from the matrimonial home, and asserts that the petition is presented without collusion or delay. The petitioner requests the court to grant a decree for restitution of conjugal rights.

Uploaded by

kuldeep singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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In the Court of Family Court

__________________S/oSh.__________________R/
o_______________________________________________________________
__________________________.
……..Petitioner.
Versus
________________D/oSh._______________________R/
o_______________________________________________________________
__________________________
….Respondent.

(PETITION FOR RESTITUTION OF CONJUGAL RIGHTS UNDER SECTION 9


OF THE HINDU MARRIAGE ACT, 1955)

The petitioner respectfully submits as under:


1. That marriage of the petitioner and the respondent was solemnized on
______________________ at 11am according to Hindu rites and ceremonies.
Marriage stands registered with the Registrar of Marriages. Certificate copy of
extract of from the concerned register is enclosed herewith.
2. That status and place of residence of the parties to the marriage before the
marriage and at the time of filing of this petition is given as under:
(Mention here in a table, status, residence of the parties with respective age)
(a) As it was before the marriage
(b) As it is at the time of filing of the petition.
4. That petitioner and his wife were living together happily at our house,
However, on _______________________________his wife has without any
reasonable execuse, withdrawn from the society of the petitioner………………
(narrate here the circumstances which have led to withdrawal of the
respondent from the matrimonial home or from the society of the petitioner)
…………………………..
5. That the petition is not being presented in collusion with the respondent.
6. That this petition is being presented without any unnecessary or improper
delay on the part of the petitioner.
7. That there is no other legal ground as to why the decree of restitution of
conjugal rights be not granted in favour of the petitioner.
8. That no litigation has taken place between the parties to the petition
earlier……………….(State, if any, previous litigation with regard to the marriage
came to be initiated by any party. Also give details of the petitions or the cases
so instituted earlier).
9. 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
…………………and even presently the respondent is residing within the
jurisdiction of this Hon’ble Court.
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.
(Petitioner)
VERIFICATION CLAUSE
I, A., state on solemn affirmation that whatever is contained in paragraphs
No………. to ………….of the petition is true to my own knowledge and that
whatever is contained in paragraphs No……………. to ……..is based on
information received and believed to be true by me.
(Petitioner)…..
In the Court of Family Court

__________________S/oSh.__________________R/
o_______________________________________________________________
__________________________.
……..Petitioner.
Versus
________________D/oSh._______________________R/
o_______________________________________________________________
__________________________
….Respondent.

AFFIDAVIT TO BE FILED IN SUPPORT OF MATRIMONIAL PETITION UNDER


SECTION 9 HINDU MARRIAGE ACT

Affidavit of Mr./Ms………….aged …………….years, occupation ……….. Petitioner,


affirm and say as follows:
1. That I am petitioner in the accompanying petition under section……………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.
4. That on……………………by ……………………… attempts at reconciliation have been
made, but in vain.
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,……………..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

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