IN
THE HON’BLE FAMILY COURT _______________________
Sanaulla Khan son of Sh. _______R/o
_____________________
……Plaintiff
VERSUS
1- Smt.
Rahila wife Sanaulla Khan & Daughter of Ramjan Khan.
2- Smt.
Saliman wife of Ramjan Khan
3- Ramjan
Khan son of Aashu,
4- Salim
son of Sh. Ramjan
All resident of village
________________________________.
……..DEFENDANTS.
SUIT FOR RESTITUTION OF CONJUGAL RIGHTS UNDER MOHAMMADAN LAW.
R/Madam,
The Plaintiff most humbly submits as under :-
1- That
the marriage of the plaintiff was got solemnized with the defendant no. 1 in
the year of 2019 according to Muslim rites and ceremonies and in the presence
of friends, relatives and family members of both the parties. The said marriage
was performed in a very simple manner and without any dowry. However the
parents of the plaintiff gave 1.5 Kg. Silver ornaments and 20 gram Golden
ornaments to the defendant no. 1.
2- That
after the marriage the plaintiff and the defendant No. 1 cohabited with each
other and they lived as husband and wife at the residence of the plaintiff at
village _____________. That the plaintiff
has always fulfilled all his duties as a genuine and ideal husband and
did not caused any difficulty which could be trend as a pretext for the
Defendant no. 1. The plaintiff has fulfilled his all the duties and obligations
imposed on him by the society towards the plaintiff and fulfill all the needs
of the defendant no. 1. Out of the said wedlock no children are born out so
far.
3- That
from the very beginning of the marriage the behavior of the defendant no. 1 was
very cruel towards the plaintiff and his family members and she started picking
up quarrels with the plaintiff and his family members on trifle matters without
any reason and rhyme. The defendant no. 1 used to insult abuse and maltreat the
plaintiff and his family members from time to time. The defendant no. 1 always
used to ignore the domestic duties like cooking the food, washing the clothes,
cleaning the house. The plaintiff was under the hope that after the passage of
time the defendant no. 1 will mend her ways but she did not change in her
behavior. The plaintiff tried to mend the ways of the defendant no. 1 but the
defendant no. 1 did not change her behavior and attitude rather she became more
and more cruel towards the plaintiff and his family members. The defendant no.
1 used to left the house of the plaintiff on several occasions without any
permission of the plaintiff and his family members.
4- That
due to the interference of her family members i.e defendant no. 2 to 4, she
used to force the plaintiff to live separated from the family members of the
plaintiff. The plaintiff tried to understand the defendant no. 1 but the
defendant no. 1 did not changed her behavior rather the defendant no. 1 gave
threatened to the plaintiff that she will suicide by caught electricity wire and
will implicate the plaintiff and his family members in a false case. The
defendant no. 1 also used to gave threatened to falsely implicate the
plaintiff and his family members in a
dowry case.
5- That
the defendant no. 1 under the instance of her family members refused to
understand and she remain used to go to her parental house on several occasions
without the consent and permission of the plaintiff. The plaintiff many times
brought the defendant no. 1 from her parental house through panchayats.
6- That
the behavior and attitude of the defendant no. 1 did not change rather the
defendant no. 1 became more frequent. The defendant no. 1 and her family
members told the plaintiff to gave Talak to the defendant no. 1 on several
occasions and threatened the plaintiff that if the he will not gave Talak to
the defendant no. 1 then they will implicate the plaintiff and his family
members in a false dowry case. It is pertinent to mention here that the defendant
no. 1 has illicit relations with other person and when the plaintiff requested
her to stop these illegal and unwarranted activities then the defendant no. 1
threatened the plaintiff and his family members that she will commit suicide
and will implicate them in the dowry death case.
7- That
at about 4 months ago, the defendants no. 2 to 4 came to the house of the
plaintiff in his absence and they took away the defendant no. 1 with them along
with entire golden and silver ornaments, valuable clothes, Cash amount of Rs.
70,000/- and Motor Cycle CD Deluxe from the house of the plaintiff. On next day
the plaintiff went to the house of the defendants and requested the defendant
no. 1 to join the company of the plaintiff but the defendant no. 1 under the
influence of defendants no. 2 to 4 clearly refused to join her matrimonial
house. The defendants insulted the plaintiff and they told that they would not
send back the defendant no. 1 with the plaintiff and also refused to give
silver and golden ornaments and cash amount of Rs. 70,000 and motor cycle to
the plaintiff. The defendants threatened the plaintiff to implicate them in a
false dowry case and also the defendants gave threatened to the plaintiff that
they will perform second marriage of the defendant no. 1.
8- That
the plaintiff and his family members also conveyed several panchayat at the
house of the defendants and the panchayat members namely ____________________________
requested the defendants to send back the defendant no. 1 with the plaintiff to
her matrimonial house but the defendants did not paid any heed on the request
of the plaintiff.
9- That
the plaintiff was ready and is still ready to keep and maintain the defendant no. 1 but the defendant no. 1
under the influence of defendants no. 2 to 4 does not want to join the conjugal
company of the plaintiff. That after that many panchayats were also held by the
plaintiff’s family members but all in vain. The last Panchayat was conducted by
the plaintiff and his family members on dated 16-05-2021 in which the
defendants finally refused to send back the defendant no. 1 with the plaintiff.
10- That
the cause of action accrued to the plaintiff when the defendant No. 1 used to
left the house of the plaintiff in his absence. The cause of action further
accrued on when the defendants came to the house of the plaintiff and they took
away all the golden and silver ornaments and cash amount and motor cycle of the
plaintiff. The cause of action further arose on when the plaintiff conveyed a
Panchayat at the house of the defendants but the defendants refused to send
back the defendant no. 1 with the plaintiff and the cause of action finally arose on 16-05-2021 when the
plaintiff alongwith his family members and respectable persons of the society
conveyed a Last Panchayat at the house
of the defendants, but the defendant no. 1 and her family members insulted them
and turned out them from their house and the defendant No. 1 flatly refused to
join the company of the plaintiff. Hence this petition.
11- That
the plaintiff is entitled to a decree of restitution of conjugal rights on the
above said grounds.
12- That
no such other petition is pending or decided by the court of law on the same
cause of action between the same parties.
13- That
the parties lastly resided at village __________________
and the entire cause of action accrued within the territorial jurisdiction of
this Hon’ble court, therefore the Hon’ble court has got the jurisdiction to
entertain and try the present petition.
14- That a fixed court fee has been paid on the petition.
PRAYER:-
It is, therefore, prayed that this Hon’ble court may
graciously be pleased to:-
a.
Pass a decree for
restitution of conjugal rights directing the defendant No. 1 to join the
conjugal company of the plaintiff immediately.
b.
Pass a decree for
Mandatory injunction directing the defendants to hand over his all silver and golden jewellaries , cash amount of
Rs. 70,000/- and motor cycle to the plaintiff.
c.
Costs of the suit may
kindly be awarded in favour of the plaintiff and against the defendants.
d.
Or any other relief,
which this Hon’ble court deems fit and proper, be granted in favour of the
plaintiff and against the defendants.
Verification:
Verified that the all contents of this plaint no. 1 to 12 & prayer para
of the plaint are correct and true to the best of my knowledge and no. 13
& 14 are my belief. Verified at On..................
|
Sanaulla Khan
Through Counsel
IN THE HON’BLE FAMILY COURT _____________________________
Sanaulla Khan VERSUS Smt. Rahila etc.
SUIT FOR RESTITUTION OF CONJUGAL
RIGHTS UNDER
MOHAMMADAN LAW.
AFFIDAVIT.
I, Sanaulla Khan son of Sh. _____________________________, do hereby solemnly affirm and declare as under :-
1- That I have filed the above mentioned suit in this Hon’ble
Court and the contents of the same have been read over to me by my counsel in
Simple Hindi language which I accept to be true and correct and the same may
kindly be read as part of this affidavit in order to unnecessary
repetition.
Deponent
Verification :
Verified
that the contents of my above affidavit are true and correct to best of my
knowledge and belief and nothing has been concealed therein.
Verified at _______
Deponent
Comments
Post a Comment