IN THE COURT OF THE PRINCIPAL FAMILY JUDGE

AT BANGALORE

M.C.NO. /2015

Between :

Sri. RANJITH KUMAR K.

S/o. R. Kuppa,
Aged about 30 years,
R/at. 173, 1st Main Road,
2nd Cross, Bhavani Nagar,
New Quarters, Kempambudi Kere,
K.G. Nagar, Bengaluru - 560019 --- PETITIONER

AND :

Smt. MAMATHA J.
W/o. Ranjith Kumar K.
Aged about 29 years,
R/at. 167/37, 1st Cross,
10th Main Road, Kalappa Block,,
Srinagar, Bengaluru - 560050
Himachal Pradesh-171201. -- RESPONDENT

PETITION UNDER SECTION 9 OF THE HINDU

MARRIAGE ACT

The petitioner above named submits before this

Hon'ble Court as follows:-

1. The address of the parties for the purpose of service

of summons, notices processes etc., are as per the above
cause title. The petitioner may also be served through
their Counsels Adv. Salomi Regina, ADVOCATE, S.R.
Law Associates, NO.14, 1ST Floor, Lady Curzon Road,
Shivaji Nagar, , BANGALORE -560001.
2. The petitioner submits that, the petitioner and the

respondent are the legally wedded husband and wife.

Their marriage was solemnized on 11-11-2011 as per

Hindu rites and customs at Karthik Kaiayana Mantapa,

No.3/1, Sri Magaji Dhondusa Charties, Rudhraswami

temple Street, Gavipuram Extension, Bangalore -

560005, The same was registered on 06-01-2018 at

Office of the Registrar of Marriages, Chamarajpet, B

Bengaluru No.CMP-HM707-2017-138, stored in

C.D.No.CMPM32. The petitioner submits that out of

their wedlock two daughters are born namely; Kum.

Samantha, born on 08.08.2012 and Kum. Riddhishree,

born on 23.07.2015. The copy of the marriage

photographs and registration certificate are produced at

Annexure A, B & C.

3. The petitioner submits that, at the time of marriage

there is no exchange of dowry or dowry articles and the

marriage expenses were also borne equally by parents of

both the parties.

4. The Petitioner submits that, he under Respondent

met each other during October 2011 and had a

courtship. The Petitioner and the Respondent used to

frequently meet and speak to each other regularly.

During April 2012 the Petitioner proposed the

Respondent and after 2 days she confirmed. During June

2012 both of them exchanged ring, as a mark of

commitment towards marriage. The Petitioner used to

frequently visit Chandigarh where the Respondent

resided with her parents. After the engagement the

Respondent and the Petitioner went to Kausali and did

shopping. The Petitioner also presented her with gifts and

their first Album. The Respondent introduced her Uncle

(Sohan Tauji) to the Petitioner on 09-06-2012. The

Petitioner later again met him in Mumbai and spent more

than two hours with him. The Uncle of the Respondent

expressed the happiness of the Respondent towards

Petitioner and looking forward to get married to the

Petitioner.

5. The Petitioner submits that, from May 2012 to

December 2012 he has visited Chandigarh on every

month and spent more than 4 days. The Respondent

used to tell him repeatedly that she found a loving

partner who his affectionate and loving her. The

Petitioner submits that, he had met the parents of the

Respondent and also took their approval for the

marriage. He had also mentioned his concern regarding

the age gap but mother of the Respondent told they had

no problem. During September on the birthday of the

Respondent both the Petitioner and Respondent traveled

to a location with his sixty kilometers away from

Chandigarh spent a whole day and went for movie, the

Petitioner also gifts to her.

6. The Petitioner submits that, the parents of the

Respondent also visited Calcutta and met the parents of

the Petitioner to fix the marriage date. The mother of the

Petitioner was concerned about the age gap but the sister

and the parents of the Respondent had no problem and

finally the marriage date was fixed for 19-01-2013. The

Respondent had resigned TBSS during November 2012

and was staying with her parents making arrangements

for the marriage.

7. The Petitioner submits that, the marriage was

performed on 19-01-2013 at Chandigarh and later

reception was held on 22-01-2013 at Calcutta by the

Petitioner and his family members. After the marriage,

the petitioner and the Respondent came to Bengaluru on

26-01-2013 and she was busy initially in settling down.

The Petitioner submits that, the Respondent suddenly

with drew after the marriage she was frequently telling

the Petitioner that her friends were telling that she got

married for money even though the Petitioner was 14

years elder to her. The Petitioner comforted her by telling

just to ignore them. But the Petitioner was seeing

changes in the Respondent. Even when they went to

honeymoon to Europe the Respondent was never

speaking to the Petitioner. After coming back from

honeymoon the Petitioner went to Hyderabad and on his

return he found the Respondent was ignoring him

completely and not even speaking to him.

8. The Petitioner submits that, on 04-03-2013 he went

to Hyderabad and returned on the same day but on his

return he was shock to see that the Respondent had left

the house and written a four page letter, in which she

mentions that she has committed mistake by marrying

her an older person and also she never loved in. She also

mentioned that Petitioner is a wonderful human being

but she cannot stay with him as he is 14 years elder to

her and she would prefer to get married a person who is

of her age. This was completely shocking to the

Petitioner.

9. The Petitioner submits that, immediately he

contacted her parents and requested them to send her

back. The parents of the Respondent promised and asked

the Petitioner to give her some time to stay with them.

The Petitioner as requested by the parents of the

Respondent after one month i.e., on 14-04-2013 went to

Chandigarh and brought her back.

10. The Petitioner submits that, she had completely

transformed and made a condition that she would not

sleep in the same room with the Petitioner. The Petitioner

agreed to it as he hoped that time would heal.

11. The Petitioner submits that, the Respondent had

completely stop talking to him and insisted that he would

send her back to her parents house. The Petitioner

reluctantly booked her ticket for 27-05-2013. The

Respondent changed her number never shared with him

and also got a job as a Air Hostess in Indigo with the help

of the Petitioner.

12. The Petitioner submits that, during Diwali he called

her to greet her and also requested her to come back.

The Respondent was very reluctant. The efforts made by

the Petitioner her parents, family members and the

parents of the Respondent failed. The Respondent started

forcing the Petitioner to give divorce had she was

interested to continue.

13. The Petitioner submits that, during December 2014

the parents of the Respondent also started avoiding the

Petitioner by which the Petitioner has suffered lot of

emotional, physical mental and financial loss. The

Petitioner is suffering for no fault of his. All the efforts

made by the Petitioner to convince and bring back the

Respondent has failed.

14. The Petitioner submits that, his hopes of leading a

happy marital life with the Respondent went in vain. The

Respondent was very adamant and was not at all

co-operating with the Petitioner or his family members.

The said fact was brought to the knowledge of the mother

of the Respondent. Initially the mother of the Respondent

turned deaf ears.

15. The Petitioner submits that, the Petitioner has

advised the Respondent several times to behave in a

proper way and to keep a peaceful atmosphere at

matrimonial house as they hails from a respectable

family and they got utmost respect in the society. The

advise of the Petitioner to the Respondent did not yield

any result.

16. The Petitioner submits that, the Respondent was

not co-operative to the Petitioner and she used to lead

aloof in the matrimonial house and she never used to

take active participation at the matrimonial house.

However the Petitioner was adjusting for the attitude of

the Respondent as he had got utmost love and affection

towards the Respondent. The Petitioner was a divorcee

and hence, he did not want to break his marriage with

the Respondent.

17. The petitioner submits that, the respondent has

deserted the petitioner and without any reasons she left

the matrimonial house of the petitioner and living in her

parents house.

18. Even now, the Petitioner is ready and willing to join

the Respondent at the matrimonial life as he and his

parents have got love and affection towards the

Respondent. Without the company of the respondent, the

petitioner is facing several difficulties etc., Hence, the

petitioner is filing the above case seeking for the

judgement and decree on conjugal rights. Hence, this

petition.

19. The petitioner submits that, the cause of action

starts from the date of marriage and finally during May

2013 when the respondent deserted the petitioner and

went to her parents house within the jurisdiction of this

Hon'ble Court as the petitioner is staying in Bangalore.

20. No other petition is filed by the petitioner on the

same subject matter before any other court or forum

either past or present.

21. Sufficient Court Fee is paid along with this petition.

WHEREFORE, the petitioner humbly prayed that

this Hon'ble Court be pleased to pass a judgement and

decree directing the respondent to join the petitioner

at the matrimonial house and to perform the duties

as wife and to uphold the conjugal rights of the

petitioner and grant such other relief/s as this Hon'ble

Court deems fit under the circumstances of the case, in

the interest of justice and equity.

Advocate for Petitioner Petitioner

VERIFICATION

I, the Petitioner named above do hereby verify and

declare that the averments made above are true and

correct to the best of my knowledge, information and

belief.
Bengaluru
Date: -10-2015 Petitioner
 IN THE COURT OF THE PRINCIPAL FAMILY JUDGE
AT BANGALORE

M.C.NO. /2015

Between :

Sri. Manish Jha

S/o. Sri. Harsh K.
Aged about 40 years,
R/at Godrej Woodsman Estate,
1101 Aspen Tower-A,
Bellary Road,
Hebbal, Bengaluru -- PETITIONER

AND :

Smt. Preeti Thakur

W/o. Manish Jha
Aged about 26 years,
C/o. Luxmi Colony,
Prem Ghat, Theog District,
Shimla,
Himachal Pradesh-171201. -- RESPONDENT

APPLICATION UNDER SECTION 13 OF THE FAMILY

COURTS ACT

That for the reasons sworn to in the annexed Affidavit, it

is humbly prayed this Hon'ble Court be pleased to permit
the Petitioner to engage the services of an Advocates on
record ie., B. SUMAN, ADVOCATE, LEGAL
CONSULTATIONS, NO.497, 1ST MAIN, PAI LAYOUT,
BANGALORE -560016 to prosecute the above case
effectively, in the interest of justice and equity.

Bengaluru
Date: -02-2015 Petitioner
 IN THE COURT OF THE PRINCIPAL FAMILY JUDGE
AT BANGALORE

M.C.NO. /2015

Between :

Sri. Manish Jha -- PETITIONER

AND :

Smt. Preeti Thakur -- RESPONDENT

AFFIDAVIT

I, Manish Jha, S/o. Sri. Harsh K., Aged about 40

years, R/at Godrej Woodsman Estate, 1101 Aspen

Tower-A, Bellary Road, Hebbal, Bengaluru, do hereby

solemnly affirm and state on oath as follows:

1. I am the Petitioner in the above case. I know the

facts of the case. Hence, am swearing to this Affidavit.

2. I submit that, I have the filed the above petition for

restitution of conjugal rights. As I am not conversant

with the law and the questions of law involved in the

above case, I may be permitted to engage the services of

an Advocate to prosecute the case effectively on behalf of

me.

WHEREFORE, I humbly pray that, this Hon'ble Court

be pleased to allow my accompany application, in the

interest of justice and equity.

 I, the deponent named above do hereby verify and

declare that the contents stated above are true and

correct to the best of my knowledge, information and

belief.

Identified by me

Deponent
Advocate Sworn to before me
Bengaluru
Date: -02-2015
 IN THE COURT OF THE PRINCIPAL FAMILY JUDGE
AT BANGALORE

M.C.NO. /2015
Between :
Sri. Manish Jha -- PETITIONER

AND :
Smt. Preeti Thakur -- RESPONDENT

VERIFYING AFFIDAVIT

I, Manish Jha, S/o. Sri. Harsh K., Aged about 40

years, R/at Godrej Woodsman Estate, 1101 Aspen

Tower-A, Bellary Road, Hebbal, Bengaluru, do hereby

solemnly affirm and state on oath as follows:

1. I am the Petitioner in the above case. I know the

facts of the case. Hence, am swearing to this Affidavit.

2. I submit that, the averments made in Paras 1 to 22

of the petition are true and correct to the best of my

knowledge, information and belief.

I, the deponent named above do hereby verify and

declare that the contents stated above are true and
correct to the best of my knowledge, information and
belief.

Identified by me
Deponent
Advocate Sworn to before me
Bengaluru
Date: -02-2015
 IN THE COURT OF THE PRINCIPAL FAMILY JUDGE
AT BANGALORE

M.C.NO. /2015

Between :

Sri. Manish Jha -- PETITIONER

AND :

Smt. Preeti Thakur -- RESPONDENT

EXAMINATION IN CHIEF OF THE PETITIONER BY

WAY OF AFFIDAVIT

I, Manish Jha, S/o. Sri. Harsh K., Aged about 40

years, R/at Godrej Woodsman Estate, 1101 Aspen

Tower-A, Bellary Road, Hebbal, Bengaluru, do hereby

solemnly affirm and state on oath as follows:

1. I am the Petitioner in the above case. I know the

facts of the case. Hence, am swearing to this Affidavit.

2. I state that, I and the respondent are the legally

wedded husband and wife. Our marriage was solemnized

on 19-01-2013 as per Hindu rites and customs at 10,

Judges Court Road, Alipur, Kolkata-700027. The same

was registered on 28-01-2013 at Hebbala, Bengaluru

No.HBB-HM355-2012-13, stored in C.D.No.HBBM14.

The copy of the marriage photographs and registration

certificate are produced for kind perusal of this Hon’ble

Court. The marriage reception took place at Kolkata on

22-01-2013.

3. I state that, at the time of marriage there is no

exchange of dowry or dowry articles and the marriage

expenses were also borne equally by parents of both the

parties.

4. I state that, under Respondent met each other

during October 2011 and had a courtship. I and the

Respondent used to frequently meet and speak to each

other regularly. During April 2012 I proposed the

Respondent and after 2 days she confirmed. During June

2012 both of them exchanged ring, as a mark of

commitment towards marriage. I used to frequently visit

Chandigarh where the Respondent resided with my

parents. After the engagement the Respondent and I went

to Kausali and did shopping. I am also presented her

with gifts and our first Album. The Respondent

introduced her Uncle (Sohan Tauji) to me on 09-06-2012.

I am later again met me in Mumbai and spent more than

two hours with me. The Uncle of the Respondent

expressed the happiness of the Respondent towards me

and looking forward to get my married.

5. I state that, from May 2012 to December 2012 I

have visited Chandigarh on every month and spent more

than 4 days. The Respondent used to tell him repeatedly

that she found a loving partner who his affectionate and

loving her. I further state that, I had met the parents of

the Respondent and also took their approval for the

marriage. I had also mentioned my concern regarding the

age gap but mother of the Respondent told they had no

problem. During September on the birthday of the

Respondent both I and Respondent traveled to a location

with his sixty kilometers away from Chandigarh spent a

whole day and went for movie and gave gifts also to her.

6. I state that, the parents of the Respondent also

visited Calcutta and met my parents to fix the marriage

date. My mother was concerned about the age gap but

the sister and the parents of the Respondent had no

problem and finally the marriage date was fixed for

19-01-2013. The Respondent had resigned TBSS during

November 2012 and was staying with her parents making

arrangements for the marriage.

7. I state that, the marriage was performed on 19-01-

2013 at Chandigarh and later reception was held on 22-

01-2013 at Calcutta by me and his family members. After

the marriage, I and the Respondent came to Bengaluru

on 26-01-2013 and she was busy initially in settling

down. I further state that, the Respondent suddenly with

drew after the marriage she was frequently telling me

that her friends were telling that she got married for

money even though I was 14 years elder to her. I am

comforted her by telling just to ignore them. But I was

seeing changes in the Respondent. Even when we went to

honeymoon to Europe the Respondent was never

speaking to me. After coming back from honeymoon I

went to Hyderabad and on my return I found the

Respondent was ignoring him completely and not even

speaking to him.

8. I state that, on 04-03-2013 I went to Hyderabad and

returned on the same day but on my return I was shock

to see that the Respondent had left the house and written

a four page letter, in which she mentions that she has

committed mistake by marrying her an older person and

also she never loved in. She also mentioned that I am a

wonderful human being but she cannot stay with me as I

am 14 years elder to her and she would prefer to get

married a person who is of her age. This was completely

shocking to me.

9. I state that, immediately I contacted her parents

and requested them to send her back. The parents of the

Respondent promised and asked me to give her some

time to stay with them. I again requested by the parents

of the Respondent after one month i.e., on 14-04-2013

went to Chandigarh and brought her back.

10. I state that, she had completely transformed and

made a condition that she would not sleep in the same

room with me. I agreed to it as I hoped that time would

heal.

11. I state that, the Respondent had completely stop

talking to me and insisted that I would send her back to

her parents house. I am reluctantly booked her ticket for

27-05-2013. The Respondent changed her number never

shared with me and also got a job as a Air Hostess in

Indigo with the help of me.

12. I state that, during Diwali I called her to greet her

and also requested her to come back. The Respondent

was very reluctant. My efforts made her parents, family

members and the parents of the Respondent failed. The

Respondent started forcing me to give divorce had she

was not interested to continue.

13. I state that, during December 2014 the parents of

the Respondent also started avoiding me by which I have

suffered lot of emotional, physical mental and financial

loss. I am suffering for no fault of his. All the efforts made

by me to convince and bring back the Respondent has

failed.

14. I state that, his hopes of leading a happy marital life

with the Respondent went in vain. The Respondent was

very adamant and was not at all co-operating with me or

my family members. The said fact was brought to the

knowledge of the mother of the Respondent. Initially the

mother of the Respondent turned deaf ears.

15. I state that, I have advised the Respondent several

times to behave in a proper way and to keep a peaceful

atmosphere at matrimonial house as we hails from a

respectable family and we got utmost respect in the

society. I advise to the Respondent did not yield any

result.

16. I state that, the Respondent was not co-operative to

me and she used to lead aloof in the matrimonial house

and she never used to take active participation at the

matrimonial house. However I was adjusting for the

attitude of the Respondent as I had got utmost love and

affection towards the Respondent. I was a divorcee and

hence, I did not want to break my marriage with the

Respondent.
17. I state that, the respondent has deserted me and

without any reasons she left the matrimonial house of me

and living in her parents house.

18. I state that, even now, I am ready and willing to join

the Respondent at the matrimonial life as I and my

parents have got love and affection towards the

Respondent. Without the company of the respondent, I

am facing several difficulties etc., Hence, I am filing the

above case seeking for the judgement and decree on

conjugal rights.

WHEREFORE, I most humbly prays that this

Hon’ble court be decree the petition as prayed for, in the
interest of justice and equity.

I, the deponent named above do hereby verify and

declare that the averments made above are true and
correct to the best of my knowledge, information and
belief.

Identified by me

Deponent
Advocate Sworn to before me
Bengaluru
Date: -12-2015