IN THE HON’BLE PRINCIPAL JUDGE ,FAMILY COURT.

LUCKNOW

R.S NO –
U/S- 9 of H.M.A

Kapil Kumar Gupta, Aged about 40 years, S/O late Ram

Nivas Gupta, Permanently Residing at Gali No2, Mallik
Villa, Singh Colony, Rudrapur, Udhamsingh nagar,
Uttrakhand-263153
……..……Petitioner

VERSUS

Parul Gupta, Aged about 33 years, W/O Kapil Kumar

Gupta, R/O 538KA(538क)/1639,Triveni Nagar II, Near
Lions Rajdhaani School, P.S- Aliganj, Lucknow.

…………Opposite Party/Respondent

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS

UNDER SECTION 9 OF HINDU MARRIAGE ACT,1955.

THE HUMBLE PETITIONER NAMED ABOVE MOST

RESPECTFULLY SUBMITS HEREIN UNDER:-
1. That at all material times and at present, the parties
to the proceeding were and are Hindu by their
religion, so ruled by Hindu Marriage Act 1955.

2. That the petitioner declares that he has not filed any

other petition for the same cause of action involved in
the present petition before any court of law.

3. That it is not disputed that the marriage of the

petitioner and the respondent was solemnized on
20.11.2008 in accordance to Hindu customs and
rituals as well as without dowry in front of all the
relatives of both the parties at Lucknow within the
jurisdiction of this Hon’ble court. The said marriage
was consummated thereafter and the parties co-
habited as husband and wife at their matrimonial
home .As such respondent is legally wedded wife of
the petitioner. A Xerox copy of marriage
photograph/Marriage certificate is annexed herewith
as ANNEXURE NO 1 to this petition.

4. That the marriage of the parties was solemnized in a

very simple and decent way without the dowry,
nothing was given by the respondent’s parents to the
petitioner or his family except some household items
or gifts by the family members and relatives.

5. That the petitioner further declares that the parties

were blessed with a Child out of their wedlock named
Kushal Gupta aged about 6 years.

6. That it is stated that petitioner performed his duty as

husband towards the respondent by fulfilling all of her
legitimate demands and always tried to live happily
with her in every situations.
7. That it is further stated by the petitioner that
respondent is a lady of very high ambitions and
always to live a lavish life without compromising even
in the bad days.

8. That the petitioner tried to give all the amenities to her

wife but she was never satisfied with the petitioner
and she always indulges herself without even thinking
about the future consequences.

9. That after some time of the marriage the behaviour of

the respondent has been totally changed towards the
petitioner and his family members. She did not fulfil
any matrimonial obligations instead of that she always
tried to conquer and dominate the petitioner and his
family member making life of everyone worse and
sometimes petitioner tried to step outside her shoes
but it resulted in threats of registering false F.I.R
along with plenty many cases by the respondent.

10. That the opposite party since long time is harassing

petitioner and her family members and giving them
mental and physical torture due to his abnormal,
unpredictable, over aggressive, greedy nature.

11. That the respondent nature is too much unpredictable

that on the year 2013 respondent left her matrimonial
home for no reason, and denied to come back then
after plenty many family mediations and request by
the petitioner she agree to come back.

12. That the petitioner never quelled the respondent

financially and till date he is providing the respondent
a handsome amount of monthly expenses along with
that handsome amount has been fixed deposited in
 the respondent’s account by petitioner.

13. That the respondent did not wants to do any work of

the house, so petitioner kept a full time maid for the
work of his house.

14. That the opposite party used to make fun of the

petitioner in front of his relatives therefore petitioner
felt a lack in emotional support which is very much
required in a healthy matrimonial life.

15. That the opposite party had a habit of discussing the

petitioner’s personal discussions with her brother and
sister due to which many times unexpected
complications arose and due to this habit of
respondent petitioner always feels embarrassing.

16. That despite of all the atrocities done by the

respondent, the petitioner tried to save his marriage,
but the respondent doesn’t want to live with the
petitioner without any reasonable excuse.

17. That the respondent is doing the cruelty of trying to

pry petitioner away from his “pious obligation” to live
with his aged mother and provide shelter to her and
when it is objected by the petitioner, she threatens
him by saying that she will lodge the false F.I.R along
with other cases

18. That on dated 29.12.2018 the respondent without any

reasonable excuse left her matrimonial home along
with the child and later when enquired about the
same the respondent replied that she will never come
back to him, and by listening to her words the
 petitioner was in complete shock. The Cause of
action arises on 29.12.2018.

19. That this act of respondent was pre-planned, and later

when petitioner went to his child’s school, he was in
complete shock when he got to know that respondent
already took transfer certificate from the school.

20. That at present, respondent is having complete bank

details of the petitioner and she is continuously
spending money prodigally in order to mentally and
financially harass the petitioner.

21. That the petitioner tried his best to bring the

respondent, a number of times, but on one pretext or
the other, she declined to come.

22. That the respondent deserted the petitioner and has

withdrawn from his company without the reasonable
or necessary excuse. Hence the necessity of this
petition arose.

23. That despite of providing respondent all the amenities,

the petitioner was in grievous shock when he received
summon of Case no 244/2019,U/S 125 Cr.pC from
the Hon’ble Family court Lucknow and is fixed for
08/07/2019.

24. That there is no other legal ground as to why the

decree of restitution of conjugal rights be not granted
in favour of the petitioner.

25. That as it a petition for granting decree of restitution

of conjugal rights so no other atrocities which are
done by the respondent are mentioned and if the
 Hon’ble court may require about the same it would be
futher submitted by the petitioner.

26. That as the place of marriage of the petitioner is

Lucknow, and respondent is living with her parents at
Lucknow, so the present case is within the jurisdiction
of this Hon’ble court.
P R A Y E R

WHEREFORE, on the facts and grounds stated above,

it is humbly prayed that this Hon’ble Court may be

graciously pleased

(i) The Hon.ble court may please to direct the decree of

restitution of conjugal rights in favour of petitioner.

(ii) Any other relief or reliefs which the court may deem fit
and proper in the facts and circumstances of the
present case be also passed in favour of the petitioner.

Lucknow (Tarun Pant “Tushar”& Pawan Kumar )

Dated: Advocate
(Counsel for the petitioner)
 IN THE HON’BLE PRINCIPAL JUDGE ,FAMILY COURT.
LUCKNOW

R.S NO –
U/S- 9 of H.M.A

Kapil Kumar Gupta, Aged about 40 years, S/O late Ram

Nivas Gupta, Permanently Residing at Gali No2, Mallik
Villa, Singh Colony, Rudrapur, Udhamsingh nagar,
Uttrakhand-263153
……..……Petitioner

VERSUS

Parul Gupta, Aged about 33 years, W/O Kapil Kumar

Gupta, R/O 538KA(538क)/1639,Triveni Nagar II, Near
Lions Rajdhaani School, P.S- Aliganj, Lucknow.

…………Opposite Party/Respondent

AFFIDAVIT

I, Kapil Kumar Gupta, Aged about 40 years, S/O late Ram

Nivas Gupta, Permanently Residing at Gali No2, Mallik
Villa, Singh Colony, Rudrapur, Udhamsingh nagar,
Uttrakhand-263153 the deponent do hereby solemnly
affirm and state on oath as under:-

1. That the petitioner is himself the deponent in the

present petition and would herself be doing pairivi in

this petition.
2. That the contents of paras 1 to 24 of the complaint are

true to my personal knowledge and are believed to be

true on the basis of information gathered from records

and those of and are based on legal advice.

3. That the Annexure filed along with the complaint are

true/Photostat of its respective original, which has

been compared by the deponent to be true.

Lucknow.

Dated: , 2018 Deponent

V E R I F I C A T I O N
I, the above named deponent, do hereby verify that the

contents of paras 1 to 3 of this affidavit are true to my

personal Knowledge. No part of it is false and nothing

material has been concealed.

So, help me God.

Lucknow.
Dated: , 2018
Deponent
I, identify the above named deponent on the basis of
records, who has signed before me.

Lucknow [ Pawan Kumar]

Dated: ,2018 Advocate
(Counsel for the Complainant)

Solemnly affirmed before me on at A.M./P.M by

the deponent who is identified by Shri Pawan Kumar,
Advocate, Lucknow.
I have satisfied myself by examining the deponent,
that he understands the contents of this affidavit, which
have been read over and explained to him by me.
 IN THE HON’BLE PRINCIPAL JUDGE ,FAMILY COURT.
LUCKNOW

R.S NO –

U/S- 9 of H.M.A

REGISTERED ADDRESS OF THE PARTIES

Kapil Kumar Gupta, Aged about 40 years, S/O late Ram

Nivas Gupta, Permanently Residing at Gali No2, Mallik
Villa, Singh Colony, Rudrapur, Udhamsingh nagar,
Uttrakhand-263153
……..……Petitioner

VERSUS

Parul Gupta, Aged about 33 years, W/O Kapil Kumar

Gupta, R/O 538KA(538क)/1639,Triveni Nagar II, Near
Lions Rajdhaani School, P.S- Aliganj, Lucknow.

Lucknow [ Pawan Kumar]

Dated: 2018 Advocate
(Counsel for the Complainant)