THE HINDU MARRIAGE ACT, 1955

The Petition By Husband For Restitution Of Conjugal

Rights

In the court of…………………………..at……………………..

Matrimonial suit no…………

In the matter of Hindu Marriage Act (XXV of 1955)

And

In the matter of an application under section 9 of the

Hindu marriage Act,

And

In the matter of A.B. residing at …………………………..

………………..petitioner

V.

C.D. residing at ………………………………………..

…………Respondent

The humble petition of A.B., the petitioner above –named

most respectfully showeth:-

1. That the parties at all material times were and are

Hindus.
2. That on or about …….. your petitioner duly and
lawfully married the respondent according to the
Hindu rites the marriage being solemnized at the
premises No………….. in the town of ……………
within the jurisdiction of this court.
3. That your petitioner resides at No……………. within
the said jurisdiction and the respondent reside at
No………….with the said jurisdiction and that both
the petitioner and the respondent are domiciled in
India.
4. That the respondent lived with your petitioner for
about 6 months after the said marriage.
5. That on or about …….against the wish of your
petitioner and without any reasonable excuse the
 respondent withdrew from the society of your
petitioner and deserted him.
6. That there has not been any proceeding in any court
in respect of the said marriage either by the
petitioner or the respondent.
7. That there is no collusion or connivance between
your petitioner and the respondent so far as this
proceeding is concerned.
8. That the cause of action arose on or about ………..
when the respondent deserted your petitioner.
9. That the suit is valued at Rs………

Your petitioner therefore humbly prays for a

decree….
(a) That the respondent he ordered to come and live
with the petitioner and rendered him conjugal
rights.
(b) Such further and other reliefs as to this court may
deem fit and proper.

And your petitioner as in duty bound shall ever

pray.
Defence By Wife Of Husband’s Claim For
Restitution Of Conjugal Rights.

The respondent may take one or more of the

following defence.

1. The respondent was not validly married to the

petitioner. The following ceremonies which are
the most essential ingredient in the marriage of
the ………..caste to which the parties belongs,
were not performed (give particular)
2. At the time of respondent left the petitioner’s
house the petitioner was suffering from venereal
disease and he is still suffering from the same.
3. The petitioner after the marriage habitually
treated the respondent cruelly by beating her at
regular intervals and keeping her confined in a
room without providing her with any food and
the respondent cannot return to his house
without endangering her personal safety.
4. That the petition kept a low case woman as his
misterss in the house to live with him as a
member of the family and thereby made it
impossible for the respondent to live with the
petitioner. The petitioner still keeps and
maintains the said mistress in his house.
 Petition for Judicial Separation.

In the court of ……………… at……………

Matrimonial case no. ……………….. of……………..

A.B. (name, description and address)

……Petitioner
Versus
C.D. (Name, Description and address
…..Respondent

Petition under section 10 of the Hindu Marriage

Act, 1955

The petition states as follows:

1. That the petitioner was lawfully married to the

respondent on …………….at……within the
jurisdiction of this court accordingly to Hindu
rites and ceremonies.
2. That the petitioner and the respondent had
been living together at the matrimonial home
since the solemnization of marriage till…………..
3. That a male child named………….. was born
on…………… at…………… of the lawful wedlock
of the parties hereto (or if no issue, state that
fact)
4. That on …………….. the respondent of her own
accord left the matrimonial home and since
then has been living at the residence
of……………….
5. That the respondent has no intention to come
back and she has deserted the petitioner for a
continuous period of over two years.
6. That the cause of action arose on…………..
when the respondent deserted the petitioner
within the jurisdiction of this court.
7. That there is no collusion between the parties
hereto and the petitioner has not also condoned
the act of the respondent.
The petitioner thereby prays for (a) a decree of
judicial separation between the petitioner and
the respondent; (b) costs.
 Petition for Nullity of marriage.

In the court of…………………………………..

In the family court at…………………………
Matrimonial suit no…………………………..
In the matter of:

The Hindu marriage Act, 1955

And

In the matter of:-

AB …………Petitioner

Versus
CD ……….Respondent

EF………….co-respondent

Petition under section 11 of the Hindu Marriage Act.

The petitioner states as follows:-

1. That the petitioner and the respondent CD were

married according to Hindu rites and customs on
……………… at…………. Within the jurisdiction of
this court.
2. That at the time of the said marriage the petitioner
was not aware that the respondent CD is already
married to EF, the co-respondent herein.
3. That the petitioner and the respondent have no
issue.
4. That the petitioner and the respondent are living
separately from each other and there is no
collusion between them.
5. That there is no unnecessary delay in instituting
this case.
6. That the cause of action in the case arose
on…………… when the petitioner first came to
know that the respondent CD has a spouce living
namely EF.
7. That this court has jurisdiction to entertain try
and determine the suit.

It is therefore prayed that the marriage between

the petitioner and the respondent be declared as null
and void by a decree of nullity.
 Petition for Annulment of Marriage
In the court of…………………………………..
In the family court at…………………………
Matrimonial suit no…………………………..
In the matter of:

The Hindu marriage Act, 1955

And

In the matter of:-

AB …………Petitioner

Versus
CD ……….Respondent

Petition under section 12 of the Hindu Marriage Act.

The petitioner state as follows:-

1. That the petitioner and the respondent CD were
married according to Hindu rites and customs on
………… at …………..within the jurisdiction of this
court.
2. That after the said marriage between the parties
herein the petitioner has discovered that the
respondent is impotent and consequently the
marriage was not consummated.
3. That the petitioner and the respondent are living
separately from each other and there is no
collusion between them.
4. That there is no unnecessary delay in institution
this case.
5. That the cause of action in the case arose
on………….. when the petitioner discovered that
the respondent is impotent.
6. That this court has jurisdiction entertain, try and
determine the suit.

It is therefore prayed that the marriage between

the parties herein be annulled by a decree of
nullity.
 Petition for Divorce

In the court of………………………………….. at

Matrimonial case no………………20

AB (Name, description and address)………... Petitioner

Versus

CD (Name, description and address). . . Respondent

Petition under Section 13 of the Hindu Marriage Act,

1955.

The petitioner states as follows:

1. That the petitioner was married to the respondent on.

. . . . . . . . . . . . . . at. . . . . . . . . within
the jurisdiction of the Court according to Hindu rites
and ceremonies and they are governed by the Hindu
Marriage Act, 1955
2. That both the petitioner and the respondent lived
together immediately after solemnization of their
marriage at the matrimonial home at. . . . . . . . as
man and wife. They last resided at. . . . . . . . . . .
from. . . . . . . . . . . . to. . . . . . . . . . . .
3. That a male child was bom of their lawful wedlock on. .
. . . . . .
4. That the respondent has renounced the world by
entering into a religious order and has become a
sanyasi by leaving the matrimonial home permanently
on. . . . . . . . . . . . .
5. That there is no collusion between the petitioner and
the respondent.
6. That the cause of action arose on................. When the
respondent had permanently left the matrimonial home
on entering into the religious order as aforesaid.
7. That this Court has jurisdiction to entertain, try and
determine this matter.
8. That a court fee of Rs.......... Has been paid in
accordance with law.
The petitioner therefore prays that a decree of divorce
be granted to the petitioner against the respondent by
dissolution of their marriage.
 Petition for Divorce by Mutual Concentrat

In the Court of......... at. .............................................

Matrimonial Suit no………. of 200
AB (Name, description and address)... Petitioner No. 1

CD (Name, description and address)..... Petitioner No. 2

Petition under Section 13 B of the Hind u Marriage

Act. 1955.
The Petitioners state as follows:
1. That the petitioners were married to each other
on. . . . . . . . According to Hindu rites and
ceremonies within the jurisdiction of this Court.
2. That owing to incompatibility of temperaments
between the petitioners they could not pull on well
in matrimonial life. They have also not been able
to live together
3. That the petitioners have been living separately for
more than one year.
4. That there is no issue of the petitioners. .
5. That the petitioners have mutually agreed that
their marriage should be dissolved.
6. That this Court has jurisdiction and the Court fees
have been paid according to law.

It is therefore prayed that a decree of divorce

dissolving the marriage of the petitioners be
granted.
 Petition for maintenance Pendente Lite
In the court of …………… at…
(Matrimonial Jurisdiction)
Matrimonial Suit No. …………… of………………….

AB (Name, description and address).

……Petitioner
Versus
CD OName, description and address)
…. Respondent

Petition Under Section 24 of the Hindu Marriage Act,

1955.

The petitioner states:

1. That the petitioner has field petitioner for divorce

against the respondent husband inter alia on the
ground of a cruelty and it is pending in this court.
2. That the petitioner has no independent income and
is living with her parents.
3. That the respondent is a businessman and has a
monthly income of at least Rs. 1.500 and is also
leading a luxurious life.
4. That it is incumbent upon the respondent to
maintain the petitioner during the pendency of the
said proceedings.

It is therefore prayed that the respondent be directed

to pay the the petitioner a sum of Rs……….. per
month for her maintenance pendete lite and a sum of
Rs….. for expenses for the proceeding pending in this
court.
 Petition for Custody of a Child

In the court of ………….at……………

(Matrimonial Jurisdiction)
Matrimonial suit no………….of………..
AB ( Name, Description and Address)
………petitioner
Versus
CD (Name, Description and Address)
…..Respondent

The petitioner state:

1. That the petitioner has filed a petition for divorce

against the respondent inter alia on the ground of
cruelty and it is pending in this case.
2. That a male child named ……..was born to the
parties to the proceeding on…….
3. That the respondent is neglecting to look after the
welfare of the said child.
4. That the respondent has been forcibly resisting
the said child to come and live with the petitioner
5. In the premises aforesaid the petitioner is entitled
to custody of the said child.

It is therefore prayed that court may be graciously

pleased to pass
(a) Order for custody of ……………, the male child
to the petitioner
(b) Interim order in terms of prayer (a)
(c) Order of costs.