Conjugal Rights - கணவன் மனைவியர் இடை உரிமைகள்

Section 9 in The Hindu Marriage Act, 1955
1. When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 
2. Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
Below Drafting is example Wife went to Her Parents home & not returning to Husband home after specific period of time

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS 


IN THE COURT OF THE _______



Matrimonial Case No. _______ of 20 _______



Shri AA. etc. _______ Petitioner; 

Versus



Smt BB. _______ Respondent. 

   Petition under Section 9 of the Hindu Marriage Act, 1955.



The Petitioner, named above, states: 

1. That the petitioner was married to the respondent on _______ at _______ within the jurisdiction of this Court. 

2. That the petitioner and his wife lived last together at _______ 

3. That on _______ last the respondent went to her father’s house at _______ . She gave word to return within 15 days, but she did not abide by her word and has not returned so far. 

4. That the petitioner went to his father-in-law’s 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. 

5. That lastly the petitioner went to the house of the respondent’s father at _______ on _______ and asked the respondent to return with him, but she refused to come. 

6. That the respondent deserted the petitioner or/and has withdrawn from his company without any reasonable or lawful excuse.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. 

7. 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 father’s 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. 

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. 

(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 abovenamed petitioner, do hereby verify that the contents of this petition in Paras ______________ are true to my personal knowledge and those in Paras Nos______________ are believed by me to be true. 

Signed and verified this _______ day of _______ 20 _______ at _______ in Civil Court compound. 

Petitioner.