Suit For Restitution Of Conjugal Rights

Suggest Format of "Suit For Restitution Of Conjugal Rights"​

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BEFORE THE HON’BLE JMFC/CITY CIVIL COURT/FAMILY COURT

_____________AT _______________, MUMBAI

Suit no.______ of 20_____

 

Mr. ABC S/o DEF                     )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )   

….…………Plaintiff

            Versus

 

Mrs. XXX W/o YYY                   )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )     

…………Defendants

                               

 MAY IT PLEASE YOUR HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That the parties hereto are Mohammedans governed by the Hanafi law.
  2. That the Plaintiff was married to Defendant No.1 on………………. According to the Muslim rites.
  3. That the Defendant No.2 is the father and defendant No.3 is the elder brother of defendant No.1
  4. That on……………. Defendant No.2, came to the house of the Plaintiff and on a false pretext that the mother of defendant No.1 was seriously ill took the Defendant No.4 to his house.
  5. That the relationship of husband and wife still subsists between the Plaintiff and defendant No.1
  6. That on several occasions the Plaintiff went to the house of Defendant No.2 to bring his wife defendant No.1 to his house but he was never allowed to meet her by Defendant Nos.2 and 3.
  7. That the Plaintiff has learnt that Defendant Nos.2 and 3 are planning to marry Defendant No.1 to one Sri………….
  8. That since……………….. when Defendant No.2 took away Defendant No.1 from the house of the plaintiff his wife Defendant No.1 has been deserting the Plaintiff without any lawful cause.
  9. That the Plaintiff is entitled to a decree for restitution of conjugal rights against Defendant No.1 and injunction restraining Defendant Nos.2 and 3 from preventing Defendant No.1 from coming to the house of the plaintiff and also from marrying Defendant No.1 to Sri……………………
  10. That the cause of action for this petition first arose on ____/____/______, when the Defendant voluntarily deserted this Plaintiff and left his society with a view to breaking away the matrimonial ties, and hence, this petition filed today is well within limitation.
  11. That the Plaintiff also declares and confirms that this petition presented by him is not collusive.
  12. That this petition being chargeable with a fixed rate of court fee, the same is paid herewith.
  13. That there is no any other case or petition pending either before this Hon’ble Court or any other Court/s pertaining to subject matter of the present petition.
  14. The Plaintiff therefore prays;-
  15. A decree for the restitution of conjugal rights be passed against the Defendant and she be directed to resume cohabitation with this plaintiff and
  16. Any other orders in the interest of justice be kindly passed.

 

 Plaintiff

Advocate of the Plaintiff

V E R I F I C A T I O N

   I, …………………….., of Mumbai, Hindu, Indian Inhabitant, the Petitioner abovenamed, do hereby solemnly declare that what is stated in Paragraphs ..….. to…….. of the fore going petition is true to my own knowledge.

 

 Solemnly declared at Mumbai           )

Dated this       day of               , 20___)

  , 20                                                     )        

 Plaintiff

 

Interpreted & Explained by me

 

Advocate for Plaintiff