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Petition for Restitution of Conjugal Rights

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100% found this document useful (1 vote)
101 views14 pages

Petition for Restitution of Conjugal Rights

Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd

IN THE COURT OF THE HON’BLE FAMILY COURT JUDGE

AT: ADILABAD
F.C.O.P No. /2020

BETWEEN:

Atla Rakesh Reddy, S/o. Muralidhar Reddy,


Age: 27 years, Occ: Pvt. Employee,
R/o. 2-73, Mavala, Adilabad, District Adilabad,
Telangana State, India – 504001.
… PETITIONER

// A N D //

Sai Reddy Swetha Reddy, W/o. Atla Rakesh Reddy,


D/o. Sudhakar Reddy, Age: 27 Years,
Occ: Pvt. Employee, R/o. Flat No. 301,
F Block, GNR Enclave, Chanda Nagar,
Hyderabad, Telangana State, India – 500050.
…RESPONDENT

PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT,


1955

May it please your honour!

1. That, the addresses of the parties for the purpose of service of


summons, notices, process etc., are the same as shown in the cause
title above, besides that, the address of the petitioner is through her
counsel:

NEHEMIAH DAYAKAR PEDDELLI


ADVOCATE, ADILABAD

2. It is submitted that, marriage of the petitioner and the


respondent was performed on Dt. 11-10-2018 at Viswanath
Garden (Hall-2), Miyapur, Hyderabad as per the cast and customs
prevailed in Hindu community. The petitioner and his parents
denied from taking any dowry or house hold articles which the
respondent’s parents offered to give at the time of marriage.
After their marriage a grand reception which was held at
Thirumala Classic Garden Function Hall, Mavala, Adilabad and the
entire expenses in organizing the said marriage and reception
were bore the petitioners parents only. The respondent has
joined the company of the petitioner at the resident of the
petitioner at Mavala on the same day of their marriage and their
marriage was also consummated.

3. It is submitted that, the respondent lead a happy married


life with the petitioner for only for a period of only 2 months and
thereafter the respondent started picking up quarrels with the
petitioner on petty issues and forced the petitioner to reside
separately from his old age parent and the respondent have also
stopped providing food and stopped facilitating the petitioners
old age parents which has not only caused weakness but also
mental agony and stress to the petitioners old age parents.
4. It is submitted that, the petitioner have always explained
the respondent that his old age parents need his support to look
after their nutrition, medication and to fulfill their basic
necessities but the

Cont…2
//2//

respondent have always denied the fact of his parent’s


dependency on him and forced the petitioner to reside separately
from his old age parents. On being refused to the respondent’s
demand in residing separately, the respondent has left the house
of the petitioner abruptly without informing him or any of the
family members. The petitioner has approached the respondent
several times to come and join his company but the respondent
has abruptly left his company and to that effect a Panchayat was
held in the presence of caste elders and family members and
based on the discussion in the Panchayat the petitioner agreed to
the proposal you made by the respondent in residing separately
from his old age parents for the betterment of their conjugal life
and rented a house in Miyapur, Hyderabad and always fond hope
that the respondent may change her attitude and lead a happy,
balanced and peaceful married life with the petitioner but the
respondent have continued the phenomenon of quarrelling with
the petitioner on petty issues in the rented house and often use
to threatened the petitioner that she will leave his company and
often use to taunt the petitioner by suspecting his morality and
chastity. Finally the respondent left the company of the petitioner
at the rented house and went to her parent’s house. The
petitioner have also conducted a Panchayat in the presence of
the caste elders but the respondent have made vague allegations
on the petitioner and threatened that she will implicate the
petitioner and his family members into false criminal cases.
5. It is also submitted that, the petitioner and his parents have
been showing every effort to first retain the marriage of the
petitioner with the respondent for the welfare of their happy
married life and future, without losing their patience or getting
vexed with the attitude of the respondent, while in the process it
is not only causing mental agony, stress, hardships but also
causing defame in the society to the petitioner and his family
members. The respondent is taking every undue influence with
the help of the tacit support of Police and Media with a dishonest
intention to discharge from the conjugal society of the petitioner
and with an ulterior motive to dissolve the marriage with the
petitioner and trying to implicate the petitioner into false criminal
cases which is against the principle of natural justice.
6. That, the respondent have deserted the petitioner without
any reasonable or lawful excuse; the respondent have not
discharged her duty as a legally wedded wife as she have left the
company of the petitioner adamantly.
7. That, the respondent is a legally wedded wife of the
petitioner and it is her bounded duty to come and join the
conjugal society of the respondent and the petitioner had no
other option but to knock the doors of this Hon’ble court which is
a temple of justice for the restitution of his conjugal rights as a
remedy for reconciliation in the matter.
8. It is further submitted that, the petitioner and the
respondent have lived last together at Mavala (v), Dist. Adilabad
at the parents house of the petitioner and now the petitioner is
also residing at Mavala (v) of Dist. Adilabad.

9. It is further submitted that, the respondent deserted the


petitioner or/and has withdrawn from his company without any
reasonable or lawful excuse. Hence the necessity for this petition
arose.
Cont…3
//3//

10. That, the cause of action accrued to the petitioner


against the respondent, within the jurisdiction of this Court when
the petitioner issued a legal notice Dt. 19-11-2020 and it
continues to accrue from day to day till the respondent comes
back to the home of the petitioner and resumes his company for
leading a happy married life.

11. That, the petitioner is residing at Mavala (v), Dist.


Adilabad. Hence this Hon’ble court has Jurisdiction to entertain
this petition.

12. That, this petition is filed within the limitation Under


Article 113 of Indian Limitation Act.

13. That, this petition is filed for the decree of Restitution


of Conjugal Rights. Hence Court fee of Rs. _______/- is paid, which
is sufficient Under Article 1(ii) of Schedule II of APCF and SV act
1956.

That the petitioner hereby declares that he has not filed any
petition in the same matter at any other court of law for the same
cause of action.

PRAYER

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.

Date: -12-2020
Place: Adilabad
PETITIONER

COUNSEL FOR THE PETITIONER

VERIFICATION

I, Atla Rakesh Reddy, S/o. Muralidhar Reddy, Age: 27 years, Occ: Pvt.
Employee, R/o. 2-73, Mavala, Adilabad, District Adilabad, Telangana State,
India – 504001., the above named petitioner, do hereby verify that the
contents of this petition in Para’s 1 to 13 are true to my personal knowledge
and are believed by me to be true.

Signed and verified this the th


day of December 2020 at Adilabad.

Date: -12-2020
Place: Adilabad
PETITIONER

COUNSEL FOR THE PETITIONER


IN THE COURT OF THE
HON’BLE FAMILY
COURT JUDGE
AT: ADILABAD
I.A No. /2020
IN
F.C.O.P No. /2020

BETWEEN:

Atla Rakesh Reddy

… PETITIONER

// A N D //

Sai Reddy Swetha Reddy


RESPONDENT

PETITION FILED UNDER


SECTION 9 OF THE HINDU
MARRIAGE ACT, 1955

Filed on:

Filed By:

COUNSEL FOR THE PETITIONER

NEHEMIAH DAYAKAR
PEDDELLI

ADVOCATE, ADILABAD
IN THE COURT OF THE HON’BLE FAMILY COURT JUDGE
AT: ADILABAD
I.A No. /2020
IN
F.C.O.P No. /2020

BETWEEN:

Atla Rakesh Reddy, S/o. Muralidhar Reddy,


Age: 27 years, Occ: Pvt. Employee,
R/o. 2-73, Mavala, Adilabad, District Adilabad,
Telangana State, India – 504001.
… PETITIONER

// A N D //

Sai Reddy Swetha Reddy, W/o. Atla Rakesh Reddy,


D/o. Sudhakar Reddy, Age: 27 Years,
Occ: Pvt. Employee, R/o. Flat No. 301,
F Block, GNR Enclave, Chanda Nagar,
Hyderabad, Telangana State, India – 500050.
…RESPONDENT

PETITION FILED UNDER SECTION 13 OF THE


FAMILY COURT ACT

May it please your Honour!

For the reasons stated in the accompanying affidavit, the Hon’ble


Court may kindly be please to permit the petitioner to engage an
Advocate to prosecute his above said case, for the ends justice.

Date: -12-2020
Place: Adilabad
Counsel for the Petitioner
IN THE COURT OF THE
HON’BLE FAMILY
COURT JUDGE
AT: ADILABAD
I.A No. /2020
IN
F.C.O.P No. /2020

BETWEEN:

Atla Rakesh Reddy

… PETITIONER

// A N D //

Sai Reddy Swetha Reddy


RESPONDENT

PETITION FILED
UNDER SECTION 13
OF THE FAMILY
COURT ACT

Filed on:

Filed By:

COUNSEL FOR THE PETITIONER

NEHEMIAH DAYAKAR
PEDDELLI

ADVOCATE ADILABAD
IN THE COURT OF THE HON’BLE FAMILY COURT JUDGE

AT: ADILABAD
I.A No. /2020
IN
F.C.O.P No. /2020

BETWEEN:

Atla Rakesh Reddy

… PETITIONER

// A N D //

Sai Reddy Swetha Reddy

…RESPONDENT

AFFIDAVIT
I, Atla Rakesh Reddy, S/o. Muralidhar Reddy, Age: 27 years, Occ: Pvt.
Employee, R/o. 2-73, Mavala, Adilabad, District Adilabad, Telangana State,
India – 504001., do hereby state on oath as follows:

I am the deponent herein and the Petitioner in the above matter.


Hence I am well acquainted with the facts of the case.

I have submit that, I have filed the above said case against the
Respondent before this Hon’ble court, and I am not having the legal
knowledge, to prosecute the case, as such it is just and necessary to
permit me to engage an Advocate to prosecute my case, otherwise I
will be put to heavy and irreparable loss.

THEREFORE, it is prayed that the Honorable court may kindly be


pleased to permit me to engage an Advocate to prosecute my above
said case, for the ends of justice.

Hence this affidavit.

Date: -12-2020
Place: Adilabad
(DEPONENT)

Sworn and signed before me on this the th


day of December,
2020 at Adilabad, after explained the contents of this affidavit to the
deponent in Telugu, who understand the same well.

ADVOCATE, ADILABAD
AT: ADILABAD
I.A No. /2020
IN
F.C.O.P No. /2020

BETWEEN:

Atla Rakesh Reddy

… PETITIONER

// A N D //

Sai Reddy Swetha Reddy


RESPONDENT

AFFIDAVIT

Filed on:

Filed By:

COUNSEL FOR THE PETITIONER

NEHEMIAH DAYAKAR
PEDDELLI

ADVOCATE, ADILABAD
IN THE COURT OF THE
HON’BLE FAMILY
COURT JUDGE
Notice to Respondent __________ day of 2020 at about 10:30 a.m. in
person, failing which the matter will be heard
IN THE COURT OF THE HON’BLE FAMILY COURT
and decided ex-parte
JUDGE
AT: ADILABAD
F.C.O.P No. /2020 Given under my hand and seal of this
th
court on this day of ___2020.
BETWEEN:
Atla Rakesh Reddy
Seal of the Court
// A N D // (By
Sai Reddy Swetha Reddy Order of Court)

To,

Sai Reddy Swetha Reddy


R/o. Flat No. 301, F Block,
GNR Enclave, Chanda Nagar, Hyderabad,
Telangana State, India – 500050.

Take notice above named petition filed


a case against the respondent Under Section 9
of the Hindu marriage Act-1955 claiming
conjugal rights and copy of the same is
annexed herewith.

And the above is posted on - -


2020 for your appearance, hence your are
hereby directed to appear before this court on
__________ day of 2020 at about 10:30 a.m. in
person, failing which the matter will be heard
and decided ex-parte

Given under my hand and seal of this


th
court on this day of ___2020.

Seal of the Court


(By
Order of Court)

Notice to Respondent

IN THE COURT OF THE HON’BLE FAMILY COURT


JUDGE
AT: ADILABAD
F.C.O.P No. /2020

BETWEEN:
Atla Rakesh Reddy

// A N D //
Sai Reddy Swetha Reddy

To,

Sai Reddy Swetha Reddy


R/o. Flat No. 301, F Block,
GNR Enclave, Chanda Nagar, Hyderabad,
Telangana State, India – 500050.

Take notice above named petition filed


a case against the respondent Under Section 9
of the Hindu marriage Act-1955 claiming
conjugal rights and copy of the same is
annexed herewith.

And the above is posted on - -


2020 for your appearance, hence your are
hereby directed to appear before this court on
Notice to Respondent __________ day of 2020 at about 10:30 a.m. in
person, failing which the matter will be heard
IN THE COURT OF THE HON’BLE FAMILY COURT
and decided ex-parte
JUDGE
AT: ADILABAD
F.C.O.P No. /2020 Given under my hand and seal of this
th
court on this day of ___2020.
BETWEEN:
Atla Rakesh Reddy
Seal of the Court
// A N D // (By
Sai Reddy Swetha Reddy Order of Court)
Judge
To,

Sai Reddy Swetha Reddy


R/o. Flat No. 301, F Block,
GNR Enclave, Chanda Nagar, Hyderabad,
Telangana State, India – 500050.

Take notice above named petition filed


a case against the respondent Under Section 9
of the Hindu marriage Act-1955 claiming
conjugal rights and copy of the same is
annexed herewith.

And the above is posted on - -


2020 for your appearance, hence your are
hereby directed to appear before this court on
__________ day of 2020 at about 10:30 a.m. in
person, failing which the matter will be heard
and decided ex-parte

Given under my hand and seal of this


th
court on this day of ___2020.

Seal of the Court


(By
Order of Court)

Notice to Respondent

IN THE COURT OF THE HON’BLE FAMILY COURT


JUDGE
AT: ADILABAD
F.C.O.P No. /2020

BETWEEN:
Atla Rakesh Reddy

// A N D //
Sai Reddy Swetha Reddy

To,

Sai Reddy Swetha Reddy


R/o. Flat No. 301, F Block,
GNR Enclave, Chanda Nagar, Hyderabad,
Telangana State, India – 500050.

Take notice above named petition filed


a case against the respondent Under Section 9
of the Hindu marriage Act-1955 claiming
conjugal rights and copy of the same is
annexed herewith.

And the above is posted on - -


2020 for your appearance, hence your are
hereby directed to appear before this court on
IN THE COURT OF THE HON’BLE FAMILY COURT JUDGE

AT: ADILABAD
I.A No. /2020
IN
F.C.O.P No. /2020

BETWEEN:

Atla Rakesh Reddy

… PETITIONER

// A N D //

Sai Reddy Swetha Reddy

…RESPONDENT

LIST OF DOCUMENTS

Sl. Date of
No Document Parties to Document Description of Document

1 11-10-2018 Petitioner Vs. Respondent Wedding Invitation Card

2 11-10-2018 Petitioner Vs. Respondent Wedding Photographs (3) No.’s

Counsel for the Petitioner Vs. Legal Notice issued to the


3 19-11-2020 Respondent Respondent

Counsel for the Petitioner Vs. Postal Receipt No.


4 19-11-2020 Respondent RN192566931IN

Counsel for the Petitioner Vs. Postal Receipt No.


5 19-11-2020 Respondent RN192567645IN

6 25-11-2020 Respondent Vs. Petitioner Postal Acknowledgement

Counsel for the Petitioner Vs. Post Application for Postal


7 21-10-2020 Master Acknowledgement

8 23-11-2020 Respondent Vs. Petitioner Postal Acknowledgement

9 23-11-2020 Respondent Vs. Petitioner Postal Acknowledgement

Date: -12-2020
Place: Adilabad
Counsel for the Petitioner
AT: ADILABAD
I.A No. /2020
IN
F.C.O.P No. /2020

BETWEEN:

Atla Rakesh Reddy

… PETITIONER

// A N D //

Sai Reddy Swetha Reddy


RESPONDENT

LIST OF
DOCUMENTS

Filed on:

Filed By:

COUNSEL FOR THE PETITIONER

NEHEMIAH DAYAKAR
PEDDELLI
IN THE COURT OF THE
HON’BLE FAMILY ADVOCATE, ADILABAD
COURT JUDGE

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