ANDHRA PRADESH HIGH COURT RULES TO REGULATE PROCEEDINGS UNDER THE HINDU MARRIAGE ACT, 1955

       A.P. HIGH COURT RULES TO REGULATE PROCEEDINGS UNDER THE HMA, 1955

1. Definitions.—

(i) ‘Act’ means the Hindu Marriage Act, 1955 (Act of 25 of 1955).

(ii) ‘Court’ means the Court mentioned in Section 3 (b) of the Act.

2. Form of proceedings.—The following proceedings under the Act shall be entitled by original petitions.
(i) under Section 9 for restitution of conjugal rights,
(ii) under sub-section (1) of Section 10 for judicial separation;
(iii) under sub-section (2) of Section 10 for rescinding a decree for judicial separation;
(iv) under Section 11 for declaring a marriage null and void;
(v) under Section 12 for annulment of a marriage by a decree of nullity;
(vi) under Section 13 for divorce;
(vii) U/s 26 to make order and provisions with respect to the custody, maintenance and education of children.

3. Other proceedings.—Every other proceeding subsequent to petition shall be by an interlocutory application.

4. Cause title.—Every petition, application, affidavit, decree or order under the Act shall be headed by a cause title in Form I and shall set forth the provisions of the Act under which it is made.

5.Petition.—
(a) Every petition under Act shall be accompanied by a certified copy of entry relating to marriage in question in Hindu Marriage Register maintained U/s 8 of Act, where such marriage has been registered under Act.
(b) Every petition for divorce on any grounds, mentioned in clauses (i) and (ii) of Section 13 (1A). of Act1 shall be accompanied by a certified copy of decree for judicial separation or for RCR, as case may be.

6. Contents of petition.—(1) Every petition shall state—
(a)   the place and the date of the marriage.
(b)   the names of the parties and their occupation;
(c)   the place and address where the parties reside or last resided together within the jurisdiction of the Court;
(d)   the names of the children, if any, of the marriage together with their dates of birth or ages;
(e)   if prior to date of petition there has been any proceeding under Act between parties to petition, full particulars thereof;

1. Now Clauses (i) and (ii) of Section 13(1A).
(f)   if the petition is for restitution of conjugal rights, the date on or from which and the circumstances under which the respondent withdrew from the society of the petitioner.
(g)   if the petition is for judicial separation, matrimonial offence alleged or other grounds upon which the relief is sought, together with full particulars thereof so far as such particulars are known to the petitioner, e.g.—
(i) in the case of alleged desertion, the date on and from which and the circumstances under which it began;
(ii) in the case of cruelty or s*xual intercourse with any person other than his or her spouse, the specific acts of cruelty or s*xual intercourse and the occasion when and places where such acts were committed together with the name and address of the person or persons with whom the respondent had s*xual intercourse;
(iii) in case of virulent form of leprosy or venereal disease in a communicable form, when such ailment began to manifest itself, nature and the period of the curative steps taken together with the name and address of person who was treated for such ailment and in the case of venereal disease that it was not contracted from petitioner;
(iv) in case of unsoundness of mind, time when such unsoundness began to manifest itself, nature and period of any curative steps taken together with name/address of person who was treated for such unsoundness of mind;
(h) if petition is for divorce or judicial separation the matrimonial offence alleged or other grounds upon which relief is sought together with the full particulars thereof so far as such particulars are known to petitioner, e.g.
(i) in the case of adultery, the specific acts of adultery and the occasion when and place where such acts were committed together with the name and address of the person with whom such adultery was committed;
(ii) in the case of incurable unsoundness of mind the time when such unsoundness began to manifest itself, the nature and period of any curative steps taken together with the name and address of the person who was treated for such unsoundness of mind;
(iii) in case of virulent and incurable form of leprosy or venereal disease in a communicable form, when such ailment began to manifest itself, nature and period of any curative steps taken together with name/address of person who was treated for such ailment;
(iv) in case of presumption of death, the last place where the parties lived together, date when and place where respondent was last seen or heard of as alive and the steps, if any, taken to ascertain his or her whereabouts;
(i) if petition is for a decree of nullity of marriage on ground specified in clause (c) or clause (d) of sub-section (1) of Section 12 of Act, time when facts relied on were discovered and whether or not marital intercourse with consent of petitioner took place after discovery of said facts.
(2) The petition shall set out at the end, the relief or reliefs sought including any claim for.
(i)  custody, care and maintenance of children;
(ii) permanent alimony and maintenance;
(iii) costs.
Where a claim is made under clause (ii) above, the petition shall specify the annual or capital value of the respondent’s property, the amount of his or her annual earnings and other particulars relating to his or her financial resources and particulars relating to the petitioner’s income and other property.

7. Contents of written statement.—Every written statement in answer to a petition for restitution of conjugal rights shall set out the particulars as far as may be set out in clauses (g), (h) and (i) of sub-rule (1) of Rule 6.

8. Co-respondent.—(1) Where a husband’s petition alleges adultery on the part of respondent, the alleged adultery shall, if he is living, be made a co-respondent in the petition.
Provided, however, that in case the adulterer’s name, identity or where¬abouts are unknown to the petitioner in spite of reasonable enquiries made and the Court is satisfied that it is just and expedient so to do, it shall, on the application of the petitioner, dispense with the naming of the co-respondent.
(2) In every petition U/s 13(2)(i) of Act, petitioner shall “other wife” mentioned in that Section a co-respondent
(3) In every petition under Section 11 of the Act, on the ground that the condition in Section 5(i) is contravened, the petitioner shall make the spouse, alleged to be living at the time of the marriage, a co-respondent.

9. Damages and costs against co-respondent.—(1) Where damages are claimed, the Court shall assess the damages and direct in what manner the damages, if any, awarded shall be paid or applied.
(2) Court may also direct the whole or any part of the costs of the petition shall be paid by the co-respondent:
Provided that the co-respondent shall not be ordered to pay petitioner’s costs—
(a)   if respondent was, at time of the adultery, living apart from her husband and leading life of a prostitute; or
(b)   if co-respondent had not, at the time of the adultery, reason to believe respondent to be a married woman.
(3) The Court may assess damages and make an order for payment thereof or of costs notwithstanding that the respondent or the co-respondent or both of them have remained ex parte.

10. Application for maintenance pendente lite and for permanent alimony and maintenance.—
(a) Every application for maintenance pendente lite, permanent alimony and maintenance, or for custody, maintenance and education expenses of minor children, shall state the average monthly incomes of petitioner and the respondent, the sources of these incomes, particulars of other movable and immovable property owned by them, number of dependants on petitioner and respondent and the names and ages of such dependants.
(b) Such application shall be supported by an affidavit of the applicant.

11. Application for leave under Section 14 of the Act.—(1) Where any party to a marriage desires to present a petition for divorce within one year of such marriage, he or she shall obtain leave of the Court under Section 14 of the Act, an ex parte application made to the Court in which the petition for divorce is intended to be filed.
(2) Appln shall be accompanied by petition intended to be filed bearing prescribed court-fee and in accordance with rules. Appln shall be supported by an affidavit made by petitioner setting out particulars of exceptional hardship to petitioner or exceptional depravity on part of respondent on basis of which leave is sought.
(3) The evidence in such an application may, unless the Court otherwise directs, be given by affidavit.
(4) When the Court grants leave, the petition shall be deemed to have been duly filed on the date of said order. The petitioner within a week of the date of the said order shall file sufficient number of copies of application for leave and order of the Court thereon and of the petition for divorce for service upon respondents in petition.

12. Service of copy of application for and order granting leave on the respondents and procedure after Service.- (1) When the Court grants leave under the proceeding rule, a copy of the application for leave and order granting leave shall be served on each of the respondents along with the notice of the petition for divorce.
(2) (a) When the respondent desires to contest the petition for divorce on the ground that leave for filing the petition has been erroneously granted or improperly obtained, he or she shall set forth in his or her written statement the grounds with particulars on which the grant of leave is to be contested.
(b) The Court may, if it so deems fit, frame, try and decide the issue as to the propriety of the leave granted as a preliminary issue.
(c) The Court may at the instance of either party, order the attendance for examination or cross-examination of any deponent in the application for leave under the preceding rule.

13. When a petition is admitted, the chief ministerial officer of the Court assigns a distinctive number to the petition and all subsequent proceedings on the petition shall bear that number.

14. Along with the petition the petitioner shall furnish a copy thereof for service on the respondent and if a co-respondent has been impleaded, an additional copy for service on him, together with the fee prescribed under the Andhra Court Fees and Suits Valuation Act, 1956, for service of notices.

15. (1) Notice of the petition shall be in Form No. II for settlement of issues and shall require the respondent and the co-respondent, if one is named in the petition, to enter appearance in person or by pleader and file a written statement not less than seven days before the day appointed therein.

(2) The notice together with a copy of petition shall be served on the respondent and co-respondent, if named in the manner prescribed for service of summonses in suits not less than 21 days before day appointed therein.

16. Transmission of certified copy of decree.— Court shall send a certified copy of every decree for divorce or nullity or dissolution of marriage to Registrar of Marriages in charge of Hindu Marriage Register, if any.

17. (1) Appeal to High Court from decree & orders of District Court shall be posted before a Bench of 2 Judges
(2) Such appeals shall be governed by the rules of High Court, Appellate Side, as far as they may be applicable.
(3) In every such appeal notice shall be issued to the co-respondent, if any.

                                                                   FORM NO. I

                          IN THE COURT OF THE DISTRICT JUDGE  IN THE CITY CIVIL COURT
                                                              O. P.  No……of  20…….
                                             In the matter of the Hindu Marriage Act, 1955

AB……Petitioner

Vs

CD……..Respondent
Petition under Section …….of the Hindu Marriage Act, 1955 and
Rule……..of the Rules under the Hindu Marriage Act.

                                                                    FORM NO.II                                                             
                                                                        [Rule 15]

                         IN THE COURT OF THE DISTRICT JUDGE  IN THE CITY CIVIL COURT
                                                                O. P.  No……of  20…….
                                                   In the matter of the Hindu Marriage Act, 1955

AB……Petitioner

Vs

CD……..Respondent

Petition presented on    ……………………
Petition filed on       ……………………
Notice issued on      ……………………

Whereas on …………day of………..20……, above named petitioner filed a petition against respondent for (specify relief) you are hereby required to appear in this Court on ……..day of………20……..at 10.45 a.m.  in forenoon in person or by pleader duly instructed and able to answer all questions relating to above proceeding.

Also take notice that in default of your appearance on the aforesaid day the issues will be settled and the petition heard and determined in your absence. You shall also bring with you or send by your pleader any document which the petitioner desires to inspect and any document on which you intend to rely in support of your defence. You are required to file a written statement in Court on or before the……….day of………20…………

Given under my hand and the seal of this Court on the……….day of. 20………..

District Judge
Chief Judge Note.—
(1) A copy of the petition accompanies this notice.
(2) This notice should be served not less than 21 days before the day fixed above for settlement of issues.
(3) Should you apprehended that your witnesses will not attend of their own accord, you can have summons issued from this Court to compel the attendance of any witness and the production of any document that you have a right to call on witness to produce on applying to the Court and on depositing the necessary expenses.


This notice has been taken out by ...............................for the petitioner.


A.P. HIGH COURT RULES TO REGULATE PROCEEDINGS UNDER THE HMA, 1955

A.P. HIGH COURT RULES TO REGULATE PROCEEDINGS UNDER THE HINDU MARRIAGE ACT, 1955

ANDHRA PRADESH HIGH COURT RULES TO REGULATE PROCEEDINGS UNDER THE HINDU MARRIAGE ACT, 1955

ANDHRA PRADESH HIGH COURT RULES TO REGULATE PROCEEDINGS UNDER THE HMA, 1955

ANDHRA PRADESH FAMILY COURTS (HIGH COURT) RULES, 1995

                       ANDHRA PRADESH FAMILY COURTS (HIGH COURT) RULES, 1995

Roc. No.78-A/SO/95:- In exercise of the powers conferred by Section 21 of the Family Courts Act, 1984 (Central Act 66 of 1984) the High Court of Andhra Pradesh hereby makes the following rules to regulate the proceedings for the Family Courts in the State of Andhra Pradesh.

1. (a) Short Title:- These rules may be called the Andhra Pradesh Family Courts (High Court) Rules, 1995.

(b) Commencement: These rules shall come into force, with effect from the date of publication of these rules in A.P. Gazette..

(c) Application: These rules shall apply to the Family Courts established in the State of Andhra Pradesh under Section 3 of the Family Courts Act, 1984.

2. Definitions:- In these rules, unless the context otherwise requires;
(a) 'Act' means the Family Courts Act, 1984.
(b) 'Court' means the Family Court established under sub-section (1) of the Section 3 of the Act.
(c) 'High Court' means the High Court of Andhra Pradesh.
(d) 'Petition' shall include an application under Chapter-IX of the Code of Criminal Procedure, unless the subject mater or context otherwise requires.
(e) All other words and expressions used but not defined these rules and defined in the Act or in the Code of Civil Procedure, 1908 or in the Code of Criminal Procedure, 1973, shall have the meaning respectively assigned to them in the Act or as the case may be.

3. (a) The working hours and sittings of the Family Courts shall be as determined by the High Court in their application to the Civil Courts, except that the High Court shall fix in each calendar year the working hours and sittings of the Family Courts during vacations and holidays.
(b)The place or places where the Family Court shall sit shall be as specified by the High Court from time to time by an order in this regard.
(c) The family Court shall hold its sittings in open or in camera as determined by it in each case, but shall hold the proceedings in camera if either party so desires.
(d) The Family Court may hold its sittings outside normal working hours and on holidays if the Judge of the said Court considers it necessary to do so in the circumstances of the case, with the prior notice to parties, and to such other person or persons as the Judge may considers it necessary.
(e) Notwithstanding anything contained above, if in any particular case the Judge is of the opinion that it will tend to the general convenience of the parties or of the witnesses or for any other parties to hold its sittings at a place other than its ordinary place of its sittings but within its limits of territorial jurisdiction, the Judge may do so for reasons to be recorded in writing and prior notice to all parties and to such other persons as the Judge may consider necessary. The Judge shall intimate the High Court about such sittings soon after a decision is taken in this behalf.
(f) The Family Court shall function on all days throughout the year except on authorised holidays as declared by the High Court.
(g) The Subordinate Courts calendar shall be the calendar of the Family Court except that there will be no vacations.
(h) No act of the Family Court shall be invalid for holding or continuing its sittings at any place of its choice on any holiday or outside normal working hours when such sittings is informed to the parties in advance.

4. All proceedings before the Family Courts shall be instituted by a petition in Form No.1 appended to these Rules, duly verified by the petitioner.

5. All interlocutory applications in the proceedings already instituted shall be entertained if verfied by the applicant in the manner as in Form No.1.

The petition in Form No.1 or any interlocutory application shall be in any language in Schedule VIII to the Constitution of India. There shall be no Court-fee or any other fee in respect of the petition in Form No.1 or any interlocutory application in the proceedings before the Family Court.

6. Notice of the proceedings including in any interlocutory application shall be issued in Form No.II appended to these rules along with a copy of the petition or the application as the case may be.

7. The Court shall ordinarily fix a date atleast three weeks from the date of ordering notice for the appearance of the opposite party. The Court can fix any later or earlier date if the proceedings so demand.

8. The provisions in Order 1 of the Code of Civil Procedure for addition of a necessary party or a proper party shall be applicable to a proceeding before the Family Court.

9. Proceedings before the Court shall be taken up in the presence of the parties, and a legal practitioner shall be allowed to appear only as amicus curiae, if the Court finds it necessary in the interests of Justice, and the fee, if any shall be paid to him as prescribed under the Rules framed under Section 23 of the Act.

10. The Court shall record only the substance of what the witness deposes and prepare a memorandum accordingly which shall be read and explained to the witness and the memorandum of the said substance recorded by the Court shall be signed by the witnesses and the Presiding Officer of the Court and shall form part of the record. The evidence taken on affidavit, if any, shall also form part of the record of the Court. The Judgment shall contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision.

11. The Court shall furnish to the parties to the proceedings before it a copy of the judgment certified to be a true copy free of cost.

12. Appeal under Section 19(1) of the Act shall be in the manner of appeals against the original decree or order in a civil proceedings, but there shall be no Court fee payable for the appeal.

13. The Rules framed under the Guardians and Wards Act, 1890 by the High Court and published in Andhra Pradesh Gazette II, dated 11-2-1993 shall be applicable in matters relating to Guardians & Wards Act, 1890 to the extent they are not inconsistent with the provisions of the Act or the Rules framed thereunder.

14. Application for Guardianship:- All petitions for guardianship other than applications over which the High Court has jurisdiction, shall be filed before the Family Court.

15. Contents of the Application:- Every petition for guardinship, when it is by a person other than the natural parent or natural guardian of the child shall be accompained by a Home Study Report of the person asking for such guardianship and his/her spouse, if any, prepared by an approved Association of Social Welfare Agencies etc., or a suitably trained social worker, from the list of agencies and/or persons for the purpose of their association with the Court approved by the Government in the rule made under Section 5 of the Act, in consultation with the High Court.

16. In case of a child placed in guardianship the Court may, at any time direct a counsellor attached to the Court to supervise the placement of the child and submit a Report thereon to the Court in such manner as the Court may deem fit.

17. A Child study report of the child proposed to be taken in guardianship together with a photograph of the child should be filed in all petitions for guardianship, as required under Rule 23 of the Rules framed under the Guardian and Wards Act, 1890. Such report shall be in Form No. 3 prescribed in the appendix when the child is institutionalised or Court committed. The report shall be countersigned by the Petitioner.


ANDHRA PRADESH FAMILY COURTS RULES, 1995

A P FAMILY COURTS RULES, 1995

ANDHRA PRADESH FAMILY COURT RULES, 1995

A P FAMILY COURT RULES, 1995

To RE-OPEN your FILE, IF DISMISSED - File party in person

IN THE HONOURABLE COURT OF THE JUDGE FAMILY COURT

City /District

  O.P. No: No/YEAR

BETWEEN:

Mr./Mrs  ??????

S/o  or W/o ??????

Occ:??????, AGE:??,

R/o: ?????????                                                                                      ...Petitioner

AND:

Mr./Mrs  ??????

S/o  or W/o ??????

Occ:??????, AGE:??,

R/o: ?????????

...Respondent

PETITION FILED UNDER ORDER 9 RULE 9 CPC

May it please your Honour:

I, ??????, S/o or W/o ??????, the Petitioner herein and I have been attending the suit proceedings as party in-person to the best of my ability and most respectfully.

I submit that my last hearing was slated for ??/??/????. Being on out station trip along with my parents for the preceding week, I even return to the station on ??/??/???? by cut-shorting my visit, only with a view to put my appearance in the court on the designated date i.e. on ??/??/????. However, during my return I got a severe viral fever, due to which I was incapacitated immediately on my return rendering me to bed return. As such, I could not attend the suit proceedings on ??/??/????, inspite of returning from the journey specifically for the purpose. Subsequently, when I went to the court office to acquaint myself with the position of my case, to my surprise and dismay I was told that case was dismissed due to default.              

OR YOUR CONVENIANCE REASON

In this connection, I respectfully submit that my absence on the designated date was due to my incapacitation, but not advertent. As such, I pray the Honourable Court to condone my absence due to the reason aforesaid mitigating circumstances and due to reasons beyond my control.

I request the Honourable Court to kindly re-open the case and afford me the opportunity to appear again in the interest of natural justice.

I shall be very grateful for such kind jesture and shall not give any further cause for the recurrence such absences in future.

Place: ?????????                                                                                             

Date:??/??/????                                                                                  PETITIONER

AFFIDAVIT VERIFICATION BY PETITIONER

I, ??????,  S/o: or W/o ??????, , Occ: ???????, AGE:??,

R/o: ?????????  do hereby state and affirm under oath as follows:

1. I am the Deponent herein and as such I am well aware of the facts and circumstance of the case.

2. I submit that I filed the above affidavit petition to re-open the file.
3. I further submit that the contents of the petition are true and correct to the best of my knowledge and belief and hence I verify the same to be correct.

Place: ??????                                                                                      

Date:??/??/ ????                                                                                 DEPONENT

Affidavit Evidence - File party in person

IN THE HONOURABLE COURT OF THE JUDGE FAMILY COURT

City /District

  O.P. No: No/YEAR

BETWEEN:

Mr./Mrs  ??????

S/o  or W/o ??????

Occ:??????, AGE:??,

R/o: ?????????                                                                                   ...Petitioner

AND:

Mr./Mrs  ??????

S/o  or W/o ??????

Occ:??????, AGE:??,

R/o: ?????????                                                                                   ...Respondent

AFFIDAVIT CHIEF

I, ??????, S/o pr W/o, ?????? the Petitioner herein solemnly affirm and state the following:

STORY FROM CAUSE OF ACTION IN ORIGINAL PETTION

Hence this petition

In view of the foregoing, I respectfully pray that Honourable Court to pass a decree in my favour as prayed.

LIST OF DOCUMENTS

S. No.	DATE	DESCRIPTIO­N
1		Wedding invitation
2		FIR Copy filed by the respondent
3		Address  proof of last resided place

Place: ?????????                                                                                             

Date:??/??/????                                                                                PETITIONER

AFFIDAVIT VERIFICATION BY PETITIONER

I, ??????,  S/o: or W/o ??????, , Occ: ???????, AGE:??,

R/o: ?????????  do hereby state and affirm under oath as follows:

1. I am the Deponent herein and as such I am well aware of the facts and circumstance of the case.

2. I submit that I filed the above petition against the Respondent for restitution of conjugal rights under section 9 of Hindu Marriage Act.

3. I further submit that the contents of the petition are true and correct to the best of my knowledge and belief and hence I verify the same to be correct.

Place: ??????                                                                                      

Date:??/??/ ????                                                                               DEPONENT

Affidavit to re-open the Petition by party in person

IN THE HONOURABLE COURT OF THE JUDGE FAMILY COURT

  Location (City/Village)

O.P. No:??????/YEAR

BETWEEN:

Mr.  ?????? S/o: ????????

Occ:?????, AGE:??,

R/o: ?????
                                                                                                       ….Petitioner

AND:

Mrs. husband surname 498a wife name (aka: inlaws surname 498a wife name)

W/o: ??????

Occ: ?????, AGE:?? ,

R/o:????? 
                                                                                                       ....Respondent

AFFIDAVIT  PETITION

I.   DESCRIPTION OF THE PETITIONER

The description and the address of the petitioner for the purpose of issuing notices, summons etc., for the above Petitioner is same as mentioned in the above cause title.

II.   DESCRIPTION OF THE RESPONDENT

The Respondent is Mrs. W/o: ??? OCC: ?????, AGE:??, HINDU

Mrs. husband surname 498a wife name (aka: inlaws surname 498a wife name)

R/o: ???

III.   May it please your Honour:

I, B. N .Reddy, the Petitioner herein respectfully submit that I am working for a private company in Hyderabad. I could not attend  the adjounament on 20/12/10 due to job schedule.

IV.   VALUATION

The Petitioner is paying a court fee of Rs. 10/- which is sufficient as per the Act.

V.   PRAYER

It is therefore prayed that this Hon’ble Court may be pleased to to re-open the file

Place: ??????                                 

Date:??????                                                                            PETITONER

IN THE COURT OF HON’BLE JUDGE FAMILY COURT

Location (City/Village)

O.P. No: ??????/YEAR

BETWEEN:

Mr.  ?????? S/o: ????????

Occ:?????, AGE:??,

R/o: ?????
                                                                                                ….Petitioner

AND:

Mrs. husband surname 498a wife name (aka: inlaws surname 498a wife name)

W/o: ??????

Occ: ?????, AGE:?? ,

R/o:?????  
                                                                                                ....Respondent

AFFIDAVIT VERIFICATION BY PETITIONER

I,  ,   do hereby state and affirm under oath as follows:

Mr.  ?????? S/o: ????????

Occ:?????, AGE:??,

R/o: ?????   

Place: ????????

1.   I am the Deponent herein and as such I am well aware of the facts and circumstance of the case.

2.   I submit that I filed the above affidavit petition to re-open the file

3.   I further submit that the contents of the petition are true and correct to the best of my knowledge and belief and hence I verify the same to be correct.

Date:???????                                                                                    DEPONENT

Affidavit before getting Order/Judgement by party in person

IN THE HONOURABLE COURT OF THE JUDGE FAMILY COURT

  Location (City/Village)

O.P. No:??????/YEAR

BETWEEN:

Mr.  ?????? S/o: ????????

Occ:?????, AGE:??,

R/o: ?????
                                                                                                       ….Petitioner

AND:

Mrs. husband surname 498a wife name (aka: inlaws surname 498a wife name)

W/o: ??????

Occ: ?????, AGE:?? ,

R/o:????? 
                                                                                                       ....Respondent

AFFIDAVIT for PETITION FILED U/S 9 OF HINDU MARRIAGE ACT 1955

I.   DESCRIPTION OF THE PETITIONER

The description and the address of the petitioner for the purpose of issuing notices, summons etc., for the above Petitioner is same as mentioned in the above cause title.

II.   DESCRIPTION OF THE RESPONDENT

The Respondent is Mrs. W/o: ??? OCC: ?????, AGE:??, HINDU

Mrs. husband surname 498a wife name (aka: inlaws surname 498a wife name)

R/o: ???

III.   May it please your Honour:

I, B. N .Reddy, the Petitioner herein respectfully submit that I am working for a private company  in Hyderabad. I respectfully submit that the Respondent is staying away from me without informing as well as for no valid reasons whatsoever. Thus far, the Respondent has not let me know of her intentions as well as her future plans.  She neither responded to my  RCR petition nor acknowledged.

Since the acts of the Respondent have arrested my married life.  I pray this Hon’ble Court to seek restitution of my conjugal rights.  I am left with no other option but to approach this Hon’ble Court for redressal of my grievances.

IV.   CAUSE OF ACTION

The cause of action for this Petition arose on ??????, when the respondent left petitioner’s residence to her parental home but never returned thereafter.     

            

V.   JURISDICTION

The Petitioner as well as the Respondent were residing at ??????,   when the cause of action arose and thus this Hon’ble Court has jurisdiction to try and adjudicate this Petition.

VI.   VALUATION

The Petitioner is paying a court fee of Rs. 10/- which is sufficient as per the Act.

VII.   PRAYER

It is therefore prayed that this Hon’ble Court may be pleased to pass a decree and/or order in favor of the Petitioner, as hereunder:

(a)   To direct/order the respondent to join the Petitioner at his residence in ?????? so as to enable him to lead the happy married life.

(b)   Pass any other orders as this Hon’ble Court may deem appropriate in the interest of Justice.

Place: ??????                                 

Date:??????                                                                            PETITONER

LIST OF DOCUMENTS

S. No.	DATE	DESCRIPTIO­N
1		Wedding invitation held @ ?????
2		FIR Copy filed by the respondent
3		Address  proof of last resided place

IN THE COURT OF HON’BLE JUDGE FAMILY COURT

Location (City/Village)

O.P. No: ??????/YEAR

BETWEEN:

Mr.  ?????? S/o: ????????

Occ:?????, AGE:??,

R/o: ?????
                                                                                                ….Petitioner

AND:

Mrs. husband surname 498a wife name (aka: inlaws surname 498a wife name)

W/o: ??????

Occ: ?????, AGE:?? ,

R/o:?????  
                                                                                                ....Respondent

AFFIDAVIT VERIFICATION BY PETITIONER

I,  ,   do hereby state and affirm under oath as follows:

Mr.  ?????? S/o: ????????

Occ:?????, AGE:??,

R/o: ?????   

1.   I am the Deponent herein and as such I am well aware of the facts and circumstance of the case.

2.   I submit that I filed the above affidavit against the Respondent for restitution of conjugal rights under section 9 of Hindu Marriage Act.

3.   I further submit that the contents of the petition are true and correct to the best of my knowledge and belief and hence I verify the same to be correct.

Place: ????????

Date:???????                                                                                    DEPONENT