Restitution of conjugal rights (s.9 HMA)

Asking the court to direct a spouse who left without reason to return.

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Not yet reviewed by a lawyer. Check every line before it is signed.

How the paper begins

With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.

IN THE COURT OF Principal Judge, Family Court, Shantipur

Anil Verma son of Shri Ramesh Verma, aged about 31 years, resident of House No. 204, Sector 9, Shantipur, District Shantipur, Haryana

…Petitioner

Versus

Neha Verma wife of Shri Anil Verma, aged about 28 years, resident of House No. 204, Sector 9, Shantipur, District Shantipur, Haryana

…Respondent

PETITION UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955 FOR RESTITUTION OF CONJUGAL RIGHTS

Respectfully Showeth:

1.That the marriage between the parties was solemnised on 14-02-2021 at Shantipur according to Hindu rites and ceremonies.

2.That the parties last resided together at House No. 204, Sector 9, Shantipur, within the jurisdiction of this Court.

3.That on 20-11-2025, the respondent withdrew from the society of the petitioner without any reasonable excuse, and has not returned since.

4.That the petitioner has made sincere efforts to bring the respondent back: he and his parents visited her parents' house twice, and a panchayat was held on 05-01-2026. The petitioner is ready to keep the respondent with full dignity.

5.That there is no collusion between the parties, and there is no legal ground for refusing the relief.

The rest of the paper is in Dastavo.

What to bring

Papers to bring

Proof of the marriage: the marriage certificate if it was registered, otherwise the wedding card and photographs of the ceremony
Aadhaar card or another photo identity proof, with proof of the present address (photocopies; the originals to show)
The other spouse's full present address (and phone number, if known), for the court's notice
Proof of your efforts to bring your spouse back, with dates: letters, messages, a legal notice, or panchayat or police papers
Birth certificates of the children, if any (photocopies)
Copies of the petitions and orders in any earlier or pending case between you: maintenance, domestic violence, an FIR or another petition
Passport-size photographs, usually two or three

Where to go

Filed through an advocate in the Family Court (or the District Judge where there is none) of the district where you married, where the other spouse lives, where you last lived together or, for a wife, where she now lives. The court usually sends the parties to mediation or counselling first.

Fee

Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.

Good to know

The court cannot force a spouse to return; but if the decree is not obeyed for a year or more, either spouse may seek divorce.
File it only if you truly want your spouse back: the court looks at the conduct of both, and at whether there was a reasonable excuse for leaving.
Maintenance and the costs of the case can be asked while it is pending: see "Interim maintenance and litigation expenses (s.24 HMA)".

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee and welfare stamps, where needed, are affixed as the court office directs.