IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT

KALAHANDI, BHAWANIPATNA
HMA PETITION NO. OF 2020

IN THE MATTER OF :
SARITA MAHAPATRA, W/o Pradeep Mahapatra
Presently residing At/ P.o/ P.s: M.Rampur, Kalahandi
Permanent resident of Vill/ P.o/ P.s: NARLA, Dist: Kalahandi …. PETITIONER

VERSUS

PRADEEP MAHAPATRA, S/o Balakrushna Mahapatra

R/o Vill/ P.o/ P.s: NARLA, Dist: KALAHANDI …. RESPONDENT

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS UNDER

SECTION 9 OF THE HINDU MARRIAGE ACT, 1955 (NO. 25 OF 1955)

Most Respectfully showeth:

1. That a marriage was solemnized between the petitioner and respondent according to
Hindu customs, rites and ceremonies on dated 25/05/2015 at Kalyan Mandap,
Bhawanipatna, Kalahandi. The said marriage is registered before the Registering
officer, Bhawanipatna, bearing Document No:223/2020 is filed herewith.

2. That the status and place of residence of the parties to the marriage before the marriage,
after the marriage and at the time of filing the petition were as follows:

Husband Wife
Place of Place of
Status Age Status Age
Residence Residence
Before Narla, M.Rampur,
marriage Hindu 32 Hindu 27
Kalahandi Kalahandi
After
Narla, Narla,
Hindu NA Hindu NA
Marriage Kalahandi Kalahandi

At the time of
Narla, M.Rampur,
filing the Hindu 37 Hindu 32
Kalahandi Kalahandi
petition

3. That after the date of marriage, both the parties stayed together under one roof and
maintained their conjugal life happily for six months at the residence of respondent. But
the cause of action arose after six month while the respondent along with his family
members demanded dowry, tortured physically and mentally. Even the petitioner was not
given food for survival and the petitioner has also slept out of his house for some nights
as the defendant and his family get her out from the house, but also the petitioner
somehow managed to stay with them for more six months with a hope of change in their
behavior, but it couldn’t worked out and ultimately the petitioner left the house of
respondent during Dusshera, 2016. After which the petitioner has not place her feet in
her in-law house yet.

4. That the defendant personally went to petitioner’s house to solve the matrimonial
dispute, but it was in vein. Thereafter the parents of the defendant had been to petitioner’s
house to bring her back, but she denied to go back. Subsequently, the defendant along
with the caste people and parents had been to petitioner’s house and in the meeting the
petitioner raised her voice and openly said that the physical and mental torture is
unbearable. Further the petitioner’s parent has no capacity to give Rs.2,00,000/- to
defendant to run a business. And last time in July, 2020, the defendant had been to
petitioner’s house to bring her back, but this time also it was futile.

5. That the petition is not presented in collusion with the respondent.

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6. That there has not been any unnecessary or improper delay in filing the petition.

7. That there is no other legal ground why relief should not be granted.

8. That there have not been any previous proceedings with regard to the marriage by or on
behalf of any party before any court of law.

9. That the marriage was solemnized on dated 25/05/2015 at Kalyan Mandap,

Bhawanipatna. The parties last resided together before Dussehra, 2016. The petitioner is
residing at her matrimonial house and defendant is at her own house till date. And hence,
the petitioner prays before this Hon’ble Court to try and entertain this petition as the
matter comes under the Jurisdiction of the Hon’ble Court.

10. That the petitioner relied on the following documents which are filed herewith and
reserves its right to file any other relevant documents or papers and raise any other points as and
when necessary.

a) Certified Copy of Marriage Registration vide Document No:223/2020

b) Marriage Photographs
c) Doctor’s Prescription for Medicine due to physical torture

11. That in view of the above facts and circumstances, it is, therefore, most respectfully and
humbly prayed that this Hon‟ble Court may be pleased to

i) grant a decree of restitution of conjugal rights under Section 9 of HMA in favor of

petitioner.

ii) Any other relief/ order/ Direction this Hon‟ble Court may deem fit in the interest
of justice and equity.

P E T I T I O N E R

VERIFICATION

I Sri SARITA MAHAPATRA do hereby declare that the contents of the plaint from para 01 to
11 including the prayer portion to be true and correct, to the best of my knowledge and
information received. Hence, I verify and signed the same on this the 5 th day of August, 2020 at
9.30 A.M. in the office of the Advocate Sri A. Mohanty at Bhawanipatna.

Adv for the plaintiff Petitioner

AFFIDAVIT

I Smt SARITA MAHAPATRA, W/o Pradeep Mahapatra, Presently residing At/ P.o/ P.s:
M.Rampur, Kalahandi, Permanent resident of Vill/ P.o/ P.s: NARLA, Dist: Kalahandi, do hereby
solemnly affirm and state as follows:-

1. That I got married to Pradeep Mahapatra on dated 25/05/2015.

2. That I am acquainted with the facts and circumstances of the case and in charge of the
suit/ case.

3. That the contents of the plaint para 01 to 11 and verification is true to the best of my
knowledge, information and belief. Hence, I verify and signed on this the 5 th day of
August, 2020.

I identified the deponent

Who signed before me
Advocate, Bhawanipatna DEPONENT