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
 2

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matrimonial home and has withdrawn from her society with effect from 8-7-2012.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 :-
 3

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.
 4

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.
 5

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.
 6

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
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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 Date

1. 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