1
BEFORE THE HON'BLE FAMILY COURT, NEW DELHI
PETITION NO...... /2010
Rishi Pratap Singh Chauhan S/o Shri Vijay Pratap Singh Chauhan, aged about 38 years, R/o- 18, New Rohtak Road, Karol Bagh, New Delhi.
...Petitioner
Versus.
Mrs. Jyotsana Shekhawat D/o Shri Vikramaditya Shekhawat, W/o Shri Rishi Pratap Singh Chauhan, aged about 36 years, Presently Residing at - Data House, Outside Chandpole Gate, Jaipur (Rajasthan)
…Respondent
PETITION U/S 9 OF HINDU MARRIAGE ACT FOR RESTITUTION OF CONJUGAL RIGHTS
MAY IT PLEASE YOUR LORDSHIP?
The humble petitioner named above, most humbly and respectfully, submits as under:-
1-That the marriage of the petitioner and respondent was solemnized with Hindu rites and rituals on 05.12.2000 at Rajput Sabha Bhawan, Bhagwan Das Road, Jaipur (Rajasthan). Both the petitioner and respondent belong to Hindu religion.
2-That the relations of the petitioner and respondent have been very cordial and the petitioner and respondent spend their honeymoon period in Goa (India) from 08.12.2000 to 16.12.2000.
3-That the petitioner got the respondent done her B.Ed. from Delhi in 2001-2002.
4-That the by God’sgrace one daughter is also born on 27.07.2002 from the wedlock of the petitioner and respondent. The name of the child is Shivali Chauhan, who is around 8 years old at present.
5-That the petitioner purchased three plots in the name of her wife in May 2006 situated at Rajiv Nagar, Shivdaspura, Jaipur (Rajasthan) from Mahashiv Estate Company measuring about 800 sq. feet. The total consideration of Rs. 8 lacs were also paid by the petitioner.
6-That the petitioner and the parents of the petitioner also gifted various jewellery and garment items to the respondent. List of the same is produced hereinafter:-
Jewellery (Gold):
- Aad (Tewta Large) weighing about 10 tolas, costing about Rs. 2 lacs.
- One Pearl Emerald Set (Rani Haar) consisting one necklace, ring and ear topes, costing around Rs. 1 Lac.
- One ancestral ring, costing around Rs. 30,000/-.
- One small ring and tops costing around Rs. 50,000/-.
- Ornaments weighing 2 Tola in MOUH DIKHAICeremony.
- One Mangal Sutra, One Bangle Set, One Ring of ...... (Neelam) given in the year 2006, costing about Rs. 2 lacs.
- Garments, Ten Salwar Suits, One Saree given in January 2008, costing about Rs. 2 lacs.
7-That the petitioner took the respondent on vacations on 05.10.2003 to Singapore and again in 2006 petitioner took the respondent on vacation to Singapore. Petitioner also bought a Tata Mobile connection in 2006-2007 for the respondent, the number of the same was 09212760451.
8-That the petitioner again took the respondent on vacations to Europe including France & England on 15.07.2007 to 17.08.2007. The petitioner spent around Rs. 2 lacs of foreign exchange and a Sony Digital Camera was also gifted to the respondent by the petitioner. The cost of the camera was around Rs. 10,000/-.
9-That it is crystal clear from the above mentioned paras that the petitioner took very good care of the respondent. The petitioner provided all the facilities and pleasures to the respondent and tried his best to pleasethe respondent day in-day out, but despite that the behavior of the respondent has always been cruel towards the petitioner and her matrimonial home. The petitioner always tried his best to make the respondent happy and to save his matrimonial home.
10-That respondent’s cousin Ms Shikha D/o Shri Surendra Singh got married in November 2007 in Jaipur (Rajasthan). The respondent took all her ornaments and jewellery items in the marriage but the respondent returned back to Delhi without any jewellery items & left all his jewelries to her maternal home in Jaipur itself.
11-That the petitioner and respondent was living as husband & wife till 03.05.2008 at their matrimonial home at 18, New Rohtak Road, Karol Bagh, New Delhi. On 04.05.2008 Father of the respondent Shri Vikramaditya Singh Shekhawat came to Delhi and took along the respondent and the daughter with him to Jaipur and father of the respondent also promised to send the respondent back very soon. But it seems that respondent left her matrimonial home with intention to end all her matrimonial relations and conjugal rights with petitioner.
12-That the petitioner went to Jaipur on various dates to get the respondent back. But the respondent denied coming back along with the petitioner. The behavior of the respondent and her father towards the petitioner was also very rude.
13-That later the petitioner came to know that the respondent has joined Step By Step School, Vaishali Nagar, Jaipur as a teacher against the will of the petitioner and respondent is earning Rs. 10000/- per month as salary.
14-That father of the respondent Shri Vikramaditya Singh again came to Delhi and took all the precious and expensive ten suits & sarees of the respondent with him. Shri Vikramaditya Singh also promised to send the respondent back very soon.
15-That the petitioner also got his daughter Shivali admitted in a much repudiated school of Jaipur for her better education & career. Petitioner is a natural guardian of his daughter Shivali, Hence petitioner is also entitled to get custody of his daughter.
16-That the petitioner again went to Jaipur on ...... to get the respondent and his daughter back to Delhi, but the respondent completely denied coming along and respondent also denied sending his daughter Shivali back. And the parents of the respondent and the respondent herself also treated the petitioner very badly and rudely.
17-That the respondent has withdrawn from the society of the petitioner without any just and reasonable cause and hence the petitioner is very sad & depressed and petitioner is entitled for a decree of restitution of conjugal rights.
18-That the respondent is living separately from the petitioner and has withdrawn from the society of petitioner without any reasonable cause from 04.05.2008.
19-That the marriage of petitioner and respondent has not been registered anywhere. The daughter of the petitioner Miss Shivali is also living with the respondent since 04.05.2008.
20-That both the petitioner and respondent lived together as Husband & wife at 18, New Rohtak Road, Karol Bagh, New Delhi, hence this Hon'ble Court has got the jurisdiction to hear the petition.
21-That the cause of action arose and is continuous since 04.05.2008 when the respondent withdrew from the society of the petitioner without any just & reasonable cause and again on ...... when the respondent denied to get back in society of petitioner.
22-That the petition is being filed on requisite court fees of Rs. 20/-.
23-That there is no collusion between the petitioner and the respondent regarding filing of this petition.
24-That no similar petitioner has been filed or is pending between the parties anywhere in India.
25-That the petitioner is filing a separate petition for securing custody of his child Miss Shivali Chauhan under the Provisions of Hindu Minority & Guardianship Act.
It is, therefore, prayed that this petition may kindly be allowed and a decree of restitution of conjugal rights be passed in favour of the petitioner.
Any other order or direction which the Hon’ble Court may deem just and proper may also kindly be passed in favour of the humble petitioner.
DELHI
DATED:
Humble Petitioner
(RISHI PRATAP SINGH CHAUHAN)
VERIFICATION
I, Rishpratap Singh Chahuan, the above named Petitioner, do hereby verify on oath that the contents of paras No. 1 to 25 of my above petition are true and correct to my personal knowledge. Nothing material has been concealed there from and no part thereof is false or incorrect.
Delhi
DATED: Verified By:
(RISHI PRATAP SINGH CHAUHAN)
BEFORE THE HON'BLE FAMILY COURT, DELHI
PETITION NO...... /2010
Rishi Pratap Singh Chauhan
Versus.
Mrs. Jyotsana Shekhawat
AFFIDAVIT
I, Rishi Pratap Singh Chauhan S/o Shri Vijay Pratap Singh Chauhan, aged about 38 years, R/o- 18, New Rohtak Road, Karol Bagh, New Delhi do hereby take oath and state as under :-
1-That I am the petitioner in the aforesaid case and, as such, am fully conversant with the facts and circumstances of the same.
2-That the contents of paras No. 1 to 25 of the petition are true and correct to my personal knowledge.
3-That the petition annexed herewith may also be treated the part and parcel of the affidavit.
DELHI
DATED:
DEPONENT.
VERIFICATION
I, the above named deponent, do hereby verify on oath that the contents of paras No. 1 to 3 of my above affidavit are true and correct to my personal knowledge. Nothing material has been concealed there from and no part thereof is false or incorrect.
DELHI
DATED:
DEPONENT.
BEFORE THE HON'BLE FAMILY COURT, DELHI
PETITION NO...... /2010
Rishi Pratap Singh Chauhan
Versus.
Mrs. Jyotsana Shekhawat
I N D E X.
S.NO. / PARTICULARS / PAGE NO.1. / Petition for restitution of conjugal rights U/S 9 of the Hindu Marriage Act.
2. / Affidavit in support of the Petition
DELHI
DATED:
HUMBLE PETITIONER