In the Family Court At Bandra Mumbhai

Petition No. ________ of 2012.

IN THE MATTER UNDER SECTION
281 OF MOHAMMADEN ACT FOR
DECREE OF RESTITUTION OF
CONSUMER RIGHTS:
AND
IN THE MATTER OF MARRIAGE
BETWEEN THE PETITIONER AND
THE RESPONDENT
Mr. Mohd. Najeeb Ishaq Shaikh
Age 33 yrs Indian Inhabitant
Occupation: Service
Altamount Road, Maskati Corner,
2nd Floor, Kemps Corner, Mumbai

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Petitioner

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Respondent

V/s.
Mrs. Asiya Mohd. Najeeb Shaikh
D/o. of Yusuf Shaikh Age 29 yrs
Indian inhabitant
Occupation: House Wife
7 May Flower, Carmical Road,
Mumbai

TO,
THE HONBLE THE PRINCIPAL JUDGE,
AND OTHER PUISNE JUDGES OF THIS
HONBLE COURT, MUMBAI.
HUMBLE PETITION OF THE
PETITIONER ABOVENAMED:MOST RESPECTFULLY SHEWETH:The Petitioner abovenamed states as under:1. The petitioner and the Respondent are Muslims and governed by
MOHAMADEN Law. Both are Indian Citizens. Petitioner belongs to
Mumbai.

2. The Petitioner states that their the marriage was solemnized at

mumbai on 10th of december 2005 at saboo siddique hall
mumbai 9, between petitioner and respondent. After marriage
they both resided at matrimonial home at Mubai at Maskati
corner,

Kemps

corner,

Altamount

road,

Mumbai

26.

The

petitioner and respondent were residing at the above address

after marriage. The relation of both of them was cordial and
were happily staying together at Matrimonial home.
3. The Petitioner travelled to Dubai U.A.E and staying with staying
with parents in dubai and therefore on 31st Dec 2005, the
petitioner travelled back to U.A.E. Without respondent as the
respondent had her passport under renewal. Secondly the
marriage was registered on

The Petitioner submits that respondent travelled to Dubai on Feb

2006 for a period of 6 days as she also had final exams @
S.P.Jain Mumbai for diploma in FMB after

marriage also

petitioner never object for her studies.

4. The petitioner submits that the responded was made a joint
locker holder along with the petitioners father and mother in
Bank of Baroda so that she can keep her gold there. But she
refused to keep the gold there and decided to keep in a separate
locker along with her parents. She did not feel the trust to keep
it in the same locker.

5. The petitioner submits that after 2 months permanent visa had

been made for her and she came to Dubai permanently. She had
been regularly being travelling to India every 2 to 3 months.
Unfortunately she was unable to settle at one place.
6. The Petitioner submit that with the said wedlock a child born on
02nd Feb 2009 named Ibrahim Mohammed Najeeb Shaikh and
now he is of 4 years.
Further petitioner submit that they gone for pilgrimage trip to
Saudi (Mecca, Madinah) in 2008 and In 2011 we had also
travelled for major pilgrimage which is Hajj and we had also had
a foreign trip to Jordon with a couple of friends where she was
happy in company of petitioner.
7. Petitioner was staying in a joint family comprising of petitioners
and respondent were staying in a joint family comprising of
petitioners mother, father, petitioner, respondent and child.
Petitioner was staying in 3 bedroom apartment in Ajman, U.A.E.
30 kms from Dubai. She had intent to shift to a new house
where she can stay separately with husband and child, but she
had never disclosed the same to the husband or his parents
whereas she had only disclosed it to her parents. Her parents
planned later in 2012 to come to Dubai and buy a house for their
daughter, whereas the petitioner and his family had rejected the
offer for them to buy a flat due to matters of self respect and did
not feel the need to accept anything from the respondents
family. Therefore they decided to take their daughter back with
them along with the child. At present the respondent is too
adamant not to come back to the petitioner as she feels that we

had degraded her family to an extent and due to that she does
not want to come back to the family as she feels insult.
8. Petitioner has contacted her through telephony communicated
and also personally visited to respondent parents as well as
Respondent but she kept quiet and did not feel like to come to
matrimonial though petitioner agreed Respondent demand to
stay separately inspite of that she failed to accompany Petitioner.
9. The Petitioner states that he made number of attempts to call
her back to the matrimonial house but she refused and did not
show any interest towards reunion with the petitioner.
10. The petitioner states that hence the Petitioner has no choice but
to knock the door of justice for Restitution of Conjugal Rights
under section 281 of Mohamaden Law and under uncondified
Law U/s. 7 (1) (a) of the Family Courts Act.
11. The

petitioner

states

that

the

Respondent

without

any

reasonable cause withdrawn from the society of the petitioner for

no reason and cause. Thus the petitioner has approached this
Honble Court for redressal of her lawful and genuine grievances
and praying for the decree of Restitution of Conjugal Rights.
12. The Petitioner states that, the marriage between the Petitioner
and the Respondent was solemnized at Mumbai. The petitioner
and the respondent last resided together at her matrimonial
house at Mumbai, and presently petitioner is staying at, Mumbai,

therefore this Honble has jurisdiction to try and entertain this

Petition of Petitioner.
13. The Petitioner says that there is no collusion or connivance
between the Petitioner and Respondent.
14. The Petitioner says that there is no other proceedings pending in
this or any other Honble Court in India regarding subject matter
of this Petition.
15. The petitioner says that there is no unnecessary delay in filing
present petition.
The petitioner therefore humbly PRAY that:
a. That the Honble Court be pleased to grant decree of
Restitution of Conjugal Rights, in favour of the Petitioner
U/s. 281 of Mohammedan Law U/s. 7 (1) (a) of Family
Courts Act;
b. That the Honble Court be pleased to direct the Respondent
for access of child.
c. Pending the hearing and final disposal of the petition, that
the Honble Court be pleased to allow access of child.
d. Cost of petition be provided for;

e. Such other and further reliefs as this Honble Court my

deems fit and proper in the nature and circumstances of
this petition be granted.

Mumbai
Date:
Petitioner

VERIFICATION
I, Mohd. Najeef Mohd. Shaikh, the petitioner abovenamed do hereby
state on solemn affirmation that whatever stated herein above by me
is true and correct to the best of my knowledge and belief.

Solemnly affirmed at Mumabi

This

day of October 2012

Petitioner
Drafted, interpreted &
Identified by me;

Advocate for Petitioner

Before me;

In the Family Court At Bandra Mumbhai

Petition No. ________ of 2012.

Mr. Mohd. Najeeb Ishaq Shaikh

Petitioner

V/s.
Mrs. Asiya Mohd. Najeeb Shaikh

Respondent

LIST OF DOCUMENTS
a. Photographs
b. Wedding Card
c. Marriage Certificate
Petitioner

In the Family Court At Bandra Mumbhai

Petition No. ________ of 2012.

Mr. Mohd. Najeeb Ishaq Shaikh

Petitioner

V/s.
Mrs. Asiya Mohd. Najeeb Shaikh

Respondent

MEMO OF ADDRESS
Mr. Mohd. Najeeb Ishaq Shaikh
Age 33 yrs Indian Inhabitant
Occupation: Service
Altamount Road, Maskati Corner,
2nd Floor, Kemps Corner, Mumbai

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Petitioner