M.C No.

/2014
IN THE FAMILY COURT AND SESSIONS JUDGE
COURT HUBLI AT: HUBLI

PETITIONER : 1) Shri Manjunath S/o Narayan Raikar,

Age: 35 years,
Occ: Lecturer in Polytechnic College,
R/o: Pitru Chaya behind Gujarat Bhavan,
Deshpande Nagar, Hubli

V/s

RESPONDENT : Smt. Akshata @ Pooja D/o Gajanan Bhat

Age: 28years, Occ: Household ,
R/o: C/o Digamber Naik,
Shree Rama Building,
Karwar-581301.

THE PETITION U/S 9 OF THE HINDU MARRIAGE ACT

Herein the petitioners most respectfully beg to

submit as under,

1. The address of the petitioners for the purposes of

processing summons, notices, etc., is that of his
advocates Shri. R.B.Contractor, and Smt. R.R.Kittur ,
Shri Mukeshwara Krupa near Sri Krishna Kalyan Mantap
Deshpande Nagar, Hubli. The address of the respondent
for such purposes is mentioned in the cause title.

2. That the petitioners has filed this petition seeking

restitution of conjugal rights.

3. That the marriage of the petitioners has been

taken place at Karwar on 09-02-2011 at Venkatesh Hall,
Kutino Road, Karwar, according to Hindu Rites and
Customs.

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 4. That after solemnization of marriage, the
respondent had been to the house of the Petitioner to
lead happy matrimonial life. But the respondent did not
agree for cohabitation (sexual intercourse). This fact was
brought to the notice of the parents of the petitioner as
well as the parents of the respondent. Still then the
parents of the petitioner thought that she may be lying
by one or the other means and they were sent to
honeymoon trip to Mysore for three days, wherein they
stayed in a lodge. Even there also the respondent did not
allow the petitioner to touch her body and she was
sleeping alone.
5. After returning from Mysore the respondent
stayed in the house of the petitioner upto 20-04-2011
and during the stay in the said house, she did not touch
any work in the house of the petitioner and at last on 20-
04-2011 she called her parents to the house of the
petitioners and she left the house. While going back she
has taken away all the gold and silver ornaments and
cloths and other belongings of her with her.
6. After going to her parents house in the month of
May she got issued a legal notice to the petitioner
through her Advocate Shri Arun D Chipkar of Karwar
alleging several allegations of dowry etc and she had
threatened in the said notice she is going to file a suit for
judicially separation (divorce), for which the petitioner
also got issued reply to the said notice through his
Advocate Shri. Suresh N.Kini, denying all the allegations
and called upon the respondent to his house to lead the
happy matrimonial life. The respondent did not return to
the house of the petitioner. Hence the petitioner
constrained to file this suit for restitution of conjugal

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rights on the following amongst other grounds to be
urged at the time of hearing of this petition as under:

GROUNDS

7. It is submitted that the petitioner is an innocent

person having no knowledge of women cruelty and
married the respondent in a good faith at the instance of
the elderly persons of his locality.

8. After marriage the respondent to the house of the

petitioner to lead happy matrimonial life and on the first
night of their marriage, the respondent did not allow the
petitioner to have sexual intercourse in a natural course
and refused to co habit with him, which caused mental
agony to the petitioner.

9. It is further submitted that the respondent was

sent to Mysore along with petitioner to Honeymoon trip,
by the parents of the petitioners, thinking that due to
change of place and stay in Mysore she may change her
mind, even at that time also she did not allow the
petitioner to touch her body, and made him to suffer.

10. It is further submitted that respondent had

stayed upto 20-04-2011 in the house of the petitioner
and thereafter she went back to her parents house on her
own accord, without there being any cause or excuse,
even though there was no any hurdle to the respondent
to stay in the house of the petitioner, taking all her gold
and silver ornaments and clothes belonging to her with
an intention not to return back. There after the petitioner
went himself and along with his parents and elderly
persons to the house of respondents to call her back and

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to come back to lead happy matrimonial life, but she
refused to come back. Despite this, the petitioner tried to
secure the respondent by means of sending SMS, E-mail
and phone calls, for which also she did not care and did
not return to the house of the petitioner to lead happy
matrimonial life.

11. It is further submitted that the respondent

intentionally to avoid coming back to the house of the
petitioner to lead the happy matrimonial life has sent a
legal notice through her Advocate Shri. Arun D Chipkar
alleging several allegation and lastly she has shown her
unwillingness to lead matrimonial life and threatened
stating she is going to file a suit for divorce. For which
the petitioner also got issued reply to the said notice
through his Advocate Shri. S.N.Kini, denying all the
allegations and requested her to come back to lead happy
matrimonial life. For which also she did not care and did
not return to lead the happy matrimonial life.

12 Further it is submitted that the petitioner and

his family members are generous in nature having
sympathetic nature on the Kannada proverb of
Plz Cl GAq et. Thus my
client is ever ready to take the respondent back and lead
happy matrimonial life with her, forgiving all her forgoing
records.

13. CAUSE OF ACTION: The cause of action arose

on the day when the respondent went back to her
parents house on 20-04-2011 and thereafter till filing of
this petition.

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 14. JURISDICTION: That the petitioner and the
respondent have resided to together in the house of the
petitioners at Deshpande Nagar, Hubli in the house of
the petitioner and hence, this Honble court has got
jurisdiction to entertain and adjudicate the matter.

15. COURT FEES: Fixed court fee is paid according

to Karnataka Court Fees Suit Valuation Act, 1959.

PRAYER: It is most humbly prayed that the

Honble court may kindly pass a decree of restitution of
conjugal rights and directions may please be issued to
the respondent to come back and lead happy
matrimonial life with the petitioner and any other relief
that deems fit by this Honble court may also be granted,
in the interest of justice and equity.

Place: Hubli
Date: -03-2014 Petitioner

The contents of above paras are true and correct to

the best of my knowledge and belief. They are read over
by me I and verify them as correct.

Place: Hubli
Date: -03-2014 Petitioner

(R.B.Contractor)
Advocate for Petitioner

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 M.C No. /2014
IN THE FAMILY COURT AND SESSIONS JUDGE
COURT HUBLI AT: HUBLI

PETITIONER : 1) Shri Manjunath S/o Narayan Raikar,

V/s

RESPONDENT : Smt. Akshata @ Pooja D/o Gajanan Bhat

VERIFYING AFFIDAVIT

Herein I, Shri Manjunath S/o Narayan Raikar, Age: 35

years, Occ: Lecturer in Polytechnic College, R/o: Pitru Chaya
behind Gujarat Bhavan, Deshpande Nagar, Hubli, do hereby
state on oath and solemn affirmation as under,

I am petitioner in this case. I know the facts of the

case. Hence, I am competent to swear this affidavit.

The contents of petition from para No. 1 to 15 are

true and correct to the best of my knowledge, belief and
information. They are read over and understood by me
as true and correct. Hence, I am swearing this affidavit.

Place: Hubli

Date: -03-2014 Deponent

I know the deponent

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Advocate