Restitution of Conjugal Rights Petition

IN THE [court_name] PETITION NO. ________ OF 20____ IN THE MATTER OF: [petitioner_name] [petitioner_address] ... PETITIONER VERSUS [respondent_name] [respondent_address] ... RESPONDENT PETITION UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955 FOR RESTITUTION OF CONJUGAL RIGHTS MOST RESPECTFULLY SHOWETH: 1. That the marriage between the Petitioner and the Respondent was solemnised on [marriage_date] at [marriage_place] according to Hindu rites and ceremonies, and the said marriage is valid and subsisting. 2. That after the marriage the parties lived together as husband and wife at the address of the Petitioner, and cohabited as such. 3. FACTS [facts] 4. That the Respondent has, with effect from [withdrawal_date], withdrawn from the society of the Petitioner without any reasonable excuse or lawful justification. 5. EFFORTS MADE BY THE PETITIONER [efforts_made] Despite the above efforts, the Respondent has declined to return to the matrimonial home and to resume cohabitation. 6. That there is no legal ground why the relief sought should not be granted, and there has been no collusion or connivance between the parties in the presentation of this petition. 7. That the Petitioner is willing and ready to receive the Respondent back into the matrimonial home, to discharge all marital obligations, and to maintain and provide for the Respondent. 8. That the parties last resided together within the territorial jurisdiction of this Hon'ble Court, and this Hon'ble Court therefore has jurisdiction to entertain and try the present petition. 9. That no previous petition has been filed between the parties in respect of the same subject matter. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Pass a decree of restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, directing the Respondent to resume cohabitation with the Petitioner and to return to the matrimonial home; (b) Award the costs of this petition; and (c) Pass such other orders as this Hon'ble Court may deem just and proper. AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL EVER PRAY. Place: ______________ Date: [petition_date] [petitioner_name] PETITIONER Through ______________________ ADVOCATE FOR THE PETITIONER VERIFICATION I, [petitioner_name], verify that the contents of paragraphs 1 to 9 are true and correct to the best of my knowledge and belief, and that nothing material has been concealed. Verified at ______________ on [petition_date]. [petitioner_name] NOTE: Under Section 9, the burden of proving reasonable excuse for withdrawal lies on the party who has withdrawn. Where a decree of restitution is not complied with for a period of one year, that non-compliance becomes a ground for divorce under Section 13(1A)(ii) of the Act.