Kaagazaat

Petition for Restitution of Conjugal Rights

At a glance

Price: Free, always.
Stamp duty: This paper is not an instrument under the Indian Stamp Act, 1899: it is filed in court and bears court fee, not stamp duty.
Registration: Not registrable: it is filed in court and becomes part of the court record.
Witnesses: No attesting witnesses sign the paper itself.

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Free, always.

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Also called

Section 9 Petition
Restitution of Conjugal Rights
Section 9 HMA Petition
Petition to Make Spouse Return
दांपत्य अधिकारों की पुनर्स्थापना
धारा 9 याचिका
ਦਾਂਪਤਿਕ ਹੱਕਾਂ ਦੀ ਬਹਾਲੀ
ਧਾਰਾ 9 ਪਟੀਸ਼ਨ

When you need it

A court paper. A husband or wife whose spouse has left the marriage without a good reason can ask the court for a decree that the spouse return and live with him or her. The petition is made under section 9 of the Hindu Marriage Act, 1955, which applies to Hindus, Sikhs, Jains and Buddhists, and is filed in the court that has power over matrimonial cases where you live (the Family Court where there is one, otherwise the District Court).

A civil marriage under the Special Marriage Act, 1954 has a matching provision. The court must be satisfied that the statements in the petition are true, that the other spouse has withdrawn from the marriage without reasonable excuse, and that there is no legal ground why the petition should not be granted. The petition therefore says when and how the spouse left, what you did to bring the spouse back, and what you want. A decree does not force anyone to live with you, but it can be the first step to a later petition for divorce if it is not obeyed, and the law's use of it is debated, so take advice first. Court papers like this are usually filed through an advocate, who signs below and files a vakalatnama. Court fee, if any, is paid at filing; the amount is set by the court office, so ask the counter or your advocate, because it is not stated here. Not for a divorce petition, or for a petition where you and your spouse have agreed to part: the Mutual Divorce Petition in this library is for that.

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You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

This paper is not an instrument under the Indian Stamp Act, 1899: it is filed in court and bears court fee, not stamp duty. Whether any court fee is payable on a petition of this kind, and how much, depends on the court and the kind of proceeding, in Punjab and in Chandigarh alike. No figure is stated here; ask the filing counter of the court or your advocate.

Registration

Not registrable: it is filed in court and becomes part of the court record. Keep certified copies of any order passed on it.

Notarisation

The paper is verified by signing the verification at its foot. Where the court asks for a supporting affidavit, it is sworn before an Oath Commissioner or a Notary; carry original photo ID.

Witnesses

No attesting witnesses sign the paper itself. Witnesses to the facts give evidence at the hearing if the court so requires.

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IN THE FAMILY COURT, LUDHIANA

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

IN THE MATTER OF

Ravinder Singh, of House No. 78, Sarabha Nagar, Ludhiana 141001 ... PETITIONER

VERSUS

Jasleen Kaur, of House No. 9, Civil Lines, Patiala 147001 ... RESPONDENT

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is the husband of the Respondent. The parties were married on 1 April 2026 at Gurdwara Singh Sabha, Model Town, Ludhiana, by Sikh rites (Anand Karaj).

2. That the children of the marriage are: One son, Aarav, aged 5 years.

3. That after the marriage the parties lived together as follows: The parties lived together at the Petitioner's home in Ludhiana from February 2019 until June 2025.

4. That the Respondent has, without reasonable excuse, withdrawn from the society of the Petitioner. The facts are: On 3 June 2025 the Respondent left for her parents' home in Patiala and has not returned, giving no reason.

5. That the Petitioner has tried to bring the Respondent back, as follows: The Petitioner and his family visited the Respondent's parents on 20 July and 14 September 2025, and sent a written request on 2 October 2025. The Respondent did not return.

6. That there is no legal ground why this petition should not be granted. The Petitioner has not taken advantage of any wrong of the Petitioner's own, has not acted in collusion with the Respondent, and has not delayed unreasonably in filing it.

7. No other proceeding concerning this marriage is pending between the parties, and none has been decided.

8. That this Hon'ble Court has jurisdiction because the marriage was solemnised within its local limits.

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to pass a decree of restitution of conjugal rights in favour of the Petitioner and against the Respondent, directing the Respondent to return to and live with the Petitioner, and to pass such other order as the Court thinks just.

Place: Ludhiana
Date: 2 April 2026

______________________________
PETITIONER: Ravinder Singh

Through Counsel: Amandeep Kaur Sidhu, Advocate, Chamber No. 42, District Courts, Sector 43, Chandigarh

VERIFICATION

Verified at Ludhiana on 2 April 2026 that the contents of paragraphs 1 to 8 of this petition are true and correct to my knowledge, that no part of it is false and that nothing material has been concealed.

______________________________
PETITIONER: Ravinder Singh

Questions about this document

Does the Petition for Restitution of Conjugal Rights need stamp paper or stamp duty in Punjab and Chandigarh?

This paper is not an instrument under the Indian Stamp Act, 1899: it is filed in court and bears court fee, not stamp duty.

See the full position on stamp duty, registration and witnesses

Does the Petition for Restitution of Conjugal Rights need registration in Punjab and Chandigarh?

Not registrable: it is filed in court and becomes part of the court record.

See the full position on stamp duty, registration and witnesses

What does the Petition for Restitution of Conjugal Rights cost on Kaagazaat?

Free, always.

Does the Petition for Restitution of Conjugal Rights need witnesses?

No attesting witnesses sign the paper itself.

See the full position on stamp duty, registration and witnesses

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