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BEFORE THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AT MORBI.
HMP. No. ______/ 2013.
Mrs. Alka Vipul Rathod,
Aged about 30 years,
Residing at Laxmiwadi, Street No. 17,
Rajkot. ….. APPLICATION.
VERSUS
Mr. Vipul Damjibhai Rathod,
Aged about 32 years, Occ. Tailor,
R/o. Ravapar Road, Behind Raja Mineral Water,
Bonipark Society, Morbi. ….. RESPONDANT.
APPLICATION UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955 FOR RESTITUTION OF CONJUGAL RIGHTS.
MOST RESPECTFULLY SHOWETH :-
1. That, marriage between the parties hereto was solemnized at Rajkot on 27-11-2004 according to Hindu Rites and Customs in presence of friends and relatives of both the parties.
2. Both the parties herein lived together and cohabited as husband and wife at the residence of respondent at Morbi. The marriage was duly consummated and out of the wedlock, a son namely Rushik was born on 03-06-2009.
3. Soon after the marriage, applicant was treated with cruelty by the respondent and his family. They used to pick up unnecessary quarrels with the applicant and often beat her mercilessly. On 8-7-2012, respondent after quarrelling with the applicant unnecessarily and beating her mercilessly deserted her from the matrimonial home along with the child after which the applicant took shelter at her parent’s house at Rajkot along with her son.
4. On 11-7-2012, respondent came to applicant’s parent’s house at Rajkot and forcibly took away her minor child Rushik with him. At that time and subsequently thereafter applicant contacted the respondent on phone and requested him to take her back with him but he straightaway refused to take her back.
6. From the day the applicant has been deserted by the respondent, the applicant and her parents have been making continuous efforts requesting the respondent to take the applicant back to the matrimonial house and resume their matrimonial life but the respondent is adamant and refused to take the applicant back.
7. That the respondent has without any excuse deserted the applicant from the matrimonial home and has withdrawn from her society with effect from 8-7-2012. The respondent has no right to depart from the company of the applicant. Hence this application for restitution of conjugal rights.
8. While the applicant was residing at her matrimonial house at Morbi, she was harassed both mentally and physically which constrained her to file Cr.M.A.J. No.610/12 against the respondent and his family under the Protection of Women from Domestic Violence Act, 2005 for different reliefs and the same is pending before the Hon’ble Addl. Chief Judicial Magistrate at Rajkot.
9. The cause of action for this application arose on 27-11-2004 when the applicant married the respondent at Rajkot and subsequently when the marriage was consummated and the applicant joined the company of respondent at Morbi and thereafter on 8-7-2012 when the respondent deserted and withdrawn from the company of applicant without any reasonable cause and it has continued till now when the respondent has not joined the company of applicant.
10. That applicant and respondent last resided together at Morbi within the local limits of the ordinary jurisdiction of this Hon’ble court hence this Hon’ble Court has jurisdiction to try this case.
11. The applicant has paid a fixed court fee of Rs. 50/- as per Article 20 Schedule II of the Gujarat Court Fees Act, 2004 and applicable process fee herewith.
12. There is no collusion between the applicant and the respondent in filing this petition and no such application was filed previously in any court of law.
13. The applicant therefore prays that this Hon’ble Court may kindly be pleased to :-
i. Pass a decree of restitution of conjugal rights directing the respondent to join the company of the applicant within a time to be fixed by this Hon’ble Court.
ii. Grant costs of this application.
iii. Grant such other relief as deemed fit and proper in the circumstances of this case.
MORBI.
DATE : -11-2013. APPLICANT.
SOLEMN AFFIRMATION
I, Alka W/o. Vipul Rathod, Aged about 30 years, presently residing at Laxmiwadi, Street No.17, Rajkot do hereby take an oath and state on solemn affirmation that the contents of this application are read over to me in vernacular language and I state that the same are drafted as per my instructions and the same are true to the best of my knowledge and belief.
Hence verified and signed on this day of November 2013 at Morbi.
I know & identify the deponent
DEPONENT
B. A. PARMAR, ADV.
BEFORE THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AT MORBI.
HMP. No. ______/ 2013.
Mrs. Alka Vipul Rathod,
Aged about 30 years,
Residing at Laxmiwadi, Street No. 17,
Rajkot. ….. APPLICANT.
VERSUS
Mr. Vipul Damjibhai Rathod,
Aged about 32 years, Occ. Tailor,
R/o. Ravapar Road, Behind Raja Mineral Water,
Bonipark Society, Morbi. ….. RESPONDANT.
APPLICATION UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1955 FOR ALIMONEY PENDENTE LITE.
MOST RESPECTFULLY SHOWETH :-
1. That the applicant has filed application for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955 along with this application.
2. That the applicant does not own any movable or immovable property and has no sources of income.
3. That the applicant has no independent income sufficient for her support and to meet the necessary expenses of the said proceedings.
4. That the respondent has deserted the applicant from the matrimonial house and withdrawn from her society without making any provision for the maintenance of the applicant.
5. Respondent owns a house and a shop situated in a Main Market at Morbi and a flourishing tailoring business in the name of Pooja Tailors and is earning Rs.50,000/- p.m. from the said business and respondent is also an income tax payer.
6. The only persons dependant on the respondent are the applicant and her son Rushik.
7. Having regard to respondent’s income, his immovable property and the fact that the applicant has no independent income sufficient for her support and the necessary expenses of the proceeding a sum of Rs.50,000/- towards expenses of this proceeding (which include traveling expenses to and from Rajkot, advocate fees etc.) and Rs. 15,000/- p.m. by way of her support is the just and proper amount.
8. This application is made bonafide and in the interest of justice.
9. Unless orders are passed as prayed for the applicant shall be put to irreparable loss and hardship.
10. The applicant therefore prays that this Hon’ble Court may kindly be pleased to :-
i. Direct the respondent to pay to the applicant a sum of Rs.50,000/- towards expenses of this proceeding (which include traveling expenses to and from Rajkot, advocate fees etc.) and Rs. 15,000/- p.m. by way of her support during the pendency of proceeding.
ii. Grant costs of this application.
iii. Grant such other relief as deemed fit and proper in the circumstances of this case.
MORBI.
DATE : -11-2013. APPLICANT.
SOLEMN AFFIRMATION
I, Alka W/o. Vipul Rathod, Aged about 30 years, presently residing at Laxmiwadi, Street No.17, Rajkot do hereby take an oath and state on solemn affirmation that the contents of this application are read over to me in vernacular language and I state that the same are drafted as per my instructions and the same are true to the best of my knowledge and belief.
Hence verified and signed on this day of November 2013 at Morbi.
I know & identify the deponent
DEPONENT
B. A. PARMAR, ADV.
BEFORE THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AT MORBI.
HMP No. ______/ 2013.
Mrs. Alka Vipul Rathod ….. APPLICANT.
VERSUS
Mr. Vipul Damjibhai Rathod ….. RESPONDANT.
ADDRESS PURSIS
I, A. M. Parmar, Advocate for the applicant hereby give a pursis that the address of the applicant/respondent as stated in the cause title of this application is correct and complete and is in conformity with the provisions of Order IV of the Code of Civil Procedure, 1908.
MORBI.
DATE : -11-2013. Advocate for the applicant
BEFORE THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AT MORBI.
HMP. No. ______/ 2013.
Mrs. Alka Vipul Rathod ….. APPLICANT.
VERSUS
Mr. Vipul Damjibhai Rathod ….. RESPONDANT.
LIST OF DOCUMENT.
Sr. No. / Particular of Document / Org./Xerox / Date1. / Marriage Invitation Card. / Xerox / 27-11-2004
2. / Cr.M.A.J. No.610/12. / Xerox. / 03-10-2012
It is hereby declared that the applicant reserves his right to file additional documents if found necessary hereinafter.
MORBI.
DATE : -11-2013. Advocate for the applicant