IN THE COURT OF ADDL.
DISTRICT JUDGE, TIS HAZARI COURTS,
DELHI
H.M.A. PETITION NO. _______________OF 2011
IN THE MATTER OF :
SANJAY RALHAN …PETITIONER
VERSUS
VANI RALHAN ..RESPONDENT
INDEX
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[Link]. Particulars Pages Court Fee
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1. Memo of Parties
2. Petitioner U/s 9 of HMA
3. Affidavit in Support.
4. Vakalatnama
DELHI. PETITIONER
DATED THROUGH
COUNSEL
IN THE COURT OF ADDL. DISTRICT JUDGE, TIS HAZARI COURTS,
DELHI
H.M.A. PETITION NO. _______________OF 2011
IN THE MATTER OF :
SANJAY RALHAN …PETITIONER
VERSUS
VANI RALHAN ..RESPONDENT
MEMO OF PARTIES
SANJAY RALHAN
S/O LATE SH. F.C. RALHAN
R/O A-5B/336, PASCHIM VIHAR,
NEW DELHI ..Petitioner
Versus
VANI RALHAN
W/O SH. SANJAY RALHAN
D/O LATE SH. O.N. MALHOTRA
R/O G-2/122, SECTOR-16,
ROHINI, 3RD FLOOR,
DELHI .. Respondent
DELHI. PETITIONER
DATED THROUGH
COUNSEL
IN THE COURT OF ADDL. DISTRICT JUDGE, TIS HAZARI COURTS,
DELHI
H.M.A. PETITION NO. _______________OF 2011
IN THE MATTER OF :
SANJAY RALHAN
S/O LATE SH. F.C. RALHAN
R/O A-5B/336, PASCHIM VIHAR,
NEW DELHI ..Petitioner
Versus
VANI RALHAN
W/O SH. SANJAY RALHAN
D/O LATE SH. O.N. MALHOTRA
R/O G-2/122, SECTOR-16,
ROHINI, 3RD FLOOR,
DELHI .. Respondent
PETITION UNDER SECTION 9 OF THE HINDU MARRIAGE ACT FOR
RESTITUTION OF CONJUGAL RIGHTS FOR ON BEHALF OF THE
PETITIONER
Hon’ble Sir,
Most respectfully showeth :
1. That the marriage between the petitioner and the respondent was
solemnized on 6.9.1997 at Delhi according to the Hindu rites and customs.
Necessary affidavit to this effect is filed herewith.
2. That the status, age and place of residence of the parties to the marriage,
before and at the time of filing this petition were/are as under:-
HUSBAND
Before marriage
Status Age Place of residence
________________________________________________________
Hindu Bachelor years A-5B/336, PASCHIM VIHAR,
NEW DELHI
________________________________________________________
At the time of filing the Petition
Status Age Place of residence
________________________________________________________
Hindu Married years A-5B/336, PASCHIM VIHAR,
NEW DELHI
________________________________________________________
WIFE
Before marriage
Status Age Place of residence
________________________ ________________________________
Hindu Virgin years G-2/122, SECTOR-16,
ROHINI, 3RD FLOOR,
DELHI
________________________________________________________
At the time of filing the Petition
Status Age Place of residence
________________________ ________________________________
Hindu Virgin years G-2/122, SECTOR-16,
ROHINI, 3RD FLOOR,
DELHI
3. That after the marriage, both the parties to the petition started living
together as husband & wife at the petitioner’s mother house at Delhi. The
marriage was duly consummated between the parties and out of the wedlock
one female child namely Ashwarya Rehlan was born on 19.7.1998.
4. That initially the behaviour of the respondent was good towards the
petitioner but gradually, she became negligent and rude towards the
petitioner. The petitioner tried his level best to make the respondent
understand her responsibility towards her matrimonial house and the
petitioner’s mother, but all in vain as, according to the respondent, she was
not prepared to live alongwith the petitioner. More over even the mother of
the respondent started their unwanted interference in the petitioner’s
personal family matters.
5. That the respondent continued her rude behavior and was bent upon shifting
their residence somewhere away from her matrimonial home. But the
petitioner tried to make the respondent understood that being the son in his
family, it is his primary responsibility to look after his old aged mother also
and on many occasions, tried to persuade the respondent to mend her ways
and to maintain peace and harmony in the family. However, the behaviour
of the respondent only became worse, under the wrong guidance and
influence of her mother.
6. That the mother of the respondent always tried to divert the mind of the
respondent and inspite of giving correct guidance to the respondent, she
always filled the mind of the respondent by misguiding her and on her
advice the respondent made the environment of the family unhealthy and
unadjustable.
7. That the respondent after getting the instructions from her mother picked up
quarrels with the petitioner and other family members on very meager
issues without any sufficient cause. That the petitioner to save his
matrimonial life always made efforts to make the situation stable between
the respondent and himself by making the respondent understand her moral
and marital obligations towards the petitioner and his family, but the
respondent was never prepared to listen to the petitioner. The petitioner also
tried to make the respondent understand by saying that he is not in a
position to adhere to her demand as his earnings are very less and whatever
he earns will not be sufficient for them to survive, if he fulfills all his
demand but all in vain and the respondent did not listen to anything.
8. That it would be pertinent to mention here that the mother of the petitioner
treated the respondent like their own daughter and never forced her to do
any house-hold work. The behaviour of the respondent became abnormal
towards the petitioner and his family members and the respondent started
raising her illegal and untimely demands from the petitioner.
9. That the petitioner and his family members always used to mend themselves
as per the ways of the respondent with a thought in their minds that if
anyhow they can keep the respondent happy. But the mother of the
respondent being least bothered about the respondent’s married life always
instigated the respondent to leave her matrimonial house by creating
nuisance in the family.
10. That regularly the respondent forced the petitioner to buy a accommodation
of his own, but the petitioner tried a lot to explain to the respondent that he
is not in position to invest such a huge amount, but all went in vain and then
her conduct towards the petitioner became more cruel.
11. That the petitioner objected to this and tried to explain this to the respondent
that demands made out by her cannot be met as his earnings are very less
and he cannot afford to have a separate accommodation at this stage, after
listening to this the respondent got full of anger and started abusing the
petitioner and his family members, and further the respondent started
neglecting her child (who was quite young) and household duties and she
didn’t paid any heed to the same. The petitioner tried to convince her that
since he is not working for a big organization, and not drawing a good
remuneration, therefore it is very difficult for him to rented a separate
accommodation.
12. That whenever the petitioner and his parents’ family members brought up
this subject, for a peaceful discussion for the welfare of the child and the
family, the respondent straightaway refused to listen to them, and even
started threatening them that she would desert the petitioner, if either the
petitioner or his family tried to teach her anything on ‘what is wrong and
what is right’, and then she would implicate the petitioner and his family
members in a false case of dowry demand.
13. That, shocking as it was, the petitioner, in the meantime, made several
phone calls to the respondent, and tried his level best to convince her to
come back, but his requests were completely neglected and he was even
abused by the mother of the respondent.
14. That, then after a month, the mother of the petitioner accompanied the
petitioner to his in-laws house to request the respondent (and also her
parents) to make her understand, and to ask the respondent to return to the
matrimonial house. But the mother of the respondent straight away refused
to the mother-in-law of the respondent that she would not join their family
until or unless the respondent makes the arrangement for separate
accommodation but with the intervention of other family members at that
time the petitioner however managed to bring the respondent back to her
matrimonial house.
15. That again then the mother of the respondent started mounting pressure on
the petitioner by saying that if the petitioner want to enjoy the company of
the respondent and wants to save his matrimonial life then the petitioner will
have to the demands of the Respondent and the petitioner will not keep any
relations with his mother and the petitioner will not even meet them. The
petitioner even requested the mother of the respondent that the real house of
the girl after marriage is her matrimonial home and not her parental home
and on this the mother of the respondent in anger started abusing the
petitioner and threatened him that they will take the respondent back again
if he does not agree to their demands.
16. That the respondent instead of listening to the petitioner and her in-laws
always listened to what her mother said and so destroyed the peaceful
environment of the house and whenever the petitioner tried to discuss the
same with the respondent the respondent in anger started breaking the
household articles and started abusing the petitioner in filthy language and
the petitioner with folded hands requested the respondent not to do so for
the sake of his matrimonial life and for the future of the child and the
petitioner kept on compromising to all the illegal acts of the respondent and
never uttered a single word to the respondent.
17. That the attitude of the respondent became so cruel that the respondent
started beating the young child in front of the petitioner and the in-laws and
made them feel ashamed and if anyone of them came forward to stop the
respondent, she warned them not to interfere and so the Petitioner felt
helpless as they could not do anything to save the child from the clutches of
the respondent.
18. That it became a matter of routine for the respondent to leave her
matrimonial house and go back to her parental house without even
informing the petitioner or her in-laws and whenever the petitioner did not
agree to this the respondent made the life of the petitioner and other family
members hell by creating fights and nuisance in the family and moreover
started doing all the unwanted and intolerable acts against the wishes of the
petitioner.
19. That since the day, the Respondent left the matrimonial home, the
petitioner left no stone unturned to bring the respondent back to her
matrimonial house and have also tried their level best to make the
respondent and her mother understand the situation and send the respondent
back to her matrimonial house, but all went in vain. The mother of the
respondent blatantly refused to send the respondent back to her matrimonial
house.
20. That the Respondent has earlier moved an application u/s 13 (i) (i-a) of
HMA and u/s 125 Cr.P.C. and the same matter were listed before the
Hon'ble Court of Sh. Kamlesh Kumar, Additional Principal Judge, Rohini,
Court, Delhi and the said matter were settled and statement to this effect
were recorded and in the said statements, both the Petitioner and the
Respondent agreed to separate and take divorce by mutual consent and the
said matter were settled for sum of Rs.2,15,000/- in totality.
21. That after the said settlement also the Petitioner and the Respondent spoke
to each other and the Respondent had even met the child and the Petitioner
and the child feel that still the Respondent can join them in their
matrimonial house and since the Petitioner also does not want to spoil his
married life and does not want to deprive the child of the motherly love.
22. That the Petitioner is not filing this petition just to save himself for not
paying the said amount but wants to save his matrimonial life and the
Petitioner is even ready to deposit the said amount in the name of the
Respondent even if she want to join the matrimonial house, hence this
petition.
23. That the present petition is not filed in collusion with the respondent.
24. That there are no other previous proceedings pending between the parties
under section 9 of the H.M.A except the present one.
25. That there is no unnecessary or improper delay in filing this petition.
26. That there is no impediment in granting the relief as prayed for in the
petition.
27. That the marriage of the parties was solemnized at Delhi, the parties to the
petition also resided lastly within the jurisdiction of this Hon’ble court,
hence this Hon’ble Court has got jurisdiction to entertain and try this
petition.
28. That the court fee has been affixed on the petition.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble
court may very kindly be pleased to pass a decree of restitution of conjugal
rights in favour of the petitioner and against the respondent thereby directing
the respondent to come to the matrimonial house along with the child and
accompany the petitioner and join the society of the petitioner and fulfill/
perform the duties casted upon her, keeping in view the growing age of the
child and her future.
Any other or further order/ relief which
this Hon’ble court deems fit and proper in
the facts and circumstances of the case be
passed / granted in favour of the petitioner.
DELHI. PETITIONER
DATED THROUGH
BHUPENDRA TYAGI & ASSOCAITES
advocates
Ch. No. 268, Western Wing,
Tis Hazari Court, Delhi
Mobile No.9810695226
VERIFICATION:
I, the above named deponent do hereby on
solemn affirmation verify that the contents
of the above petition from paras no.1 to __
are true to my knowledge and those of paras
no. __ to __ are true on information received
and believed to be true, while the last para
is prayer to this Hon’ble court.
Verified at Delhi on this ___ day of
August, 2020
Petitioner
IN THE COURT OF ADDL. DISTRICT JUDGE, TIS HAZARI COURTS,
DELHI
H.M.A. PETITION NO. _______________OF 2011
IN THE MATTER OF :
SANJAY RALHAN …PETITIONER
VERSUS
VANI RALHAN ..RESPONDENT
AFFIDAVIT
I, SANJAY RALHAN S/O LATE SH. F.C. RALHAN R/O A-5B/336,
PASCHIM VIHAR, NEW DELHI, do hereby solemnly affirm and declare as
under:-
1. That I am the petitioner and am well conversant with the facts and
circumstances of the case and also competent to file the present affidavit.
2. That the petitioner was married to the respondent according to the Hindu
rites and ceremonies on 6.9.1997 at Delhi. Out of the wedlock one female
child namely Ashwarya Rehlan was born on 19.7.1998.
3. That the respondent has left the matrimonial house on 17.8.2005 without
any cause or reason and since then the respondent is living in her parental
house and has not joined the society of the deponent.
4. That the attached petition u/s 9 of the Hindu Marriage Act has not been
filed in collusion with the respondent.
5. That there is no unnecessary or improper delay in filing this petition.
6. That there is no legal impediment in
granting the relief as prayed for in the
petition.
Deponent
Verification :-
I, the above named deponent on solemn
affirmation verify that the contents of the
above affidavit from paras are true to my
knowledge, no part of it is false and nothing
has been concealed there from.
Verified at Delhi on ____ August, 2020.
Deponent