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Husband leaves wife at her paternal home despite decree u/s 9 HM Act


17-Jun-2023 (In Family Law)
Respected authority, Legally valid marriage was solemnized on July, 16th, 2005 at Delhi between Geeta(hindu) and Sanjay(hindu) according to Hindu rites and ceremonies. Sanjay was made fully aware that Geeta is not as clever/beautiful/educated as usual girls of society. Sanjay willfully married her. It is arranged marriage. Sanjay repeatedly leaves her at her maternal house, despite exparte decree u/s.9, Hindu Marriage Act in her favor. on ground that she is not clever and does not do household work. Sanjay threats Geeta's brother and parents of dire consequences if attempt to return. He doesn't physically beat her. Police say its matrimonial issue, police cannot help. Geeta, being mentally slow, cannot go to criminal Court for relief. Her parents also do not want to keep her. Please advice whether Sanjay can be arrested under any law straightaway? Can Geeta force her entry back with help from Police (as he disrespects Court)? What relief can she get from Family Court/ CAW Cell?
Answers (3)

Answer #1
526 votes
Do not worry. As geeta got section 9 HMA decree in her favour there is good scope.sanjay didnot want to keep her with him inspite of the court order.geeta can go to court and file a contempt of court application as her husband is not obeying court decision and he has to face dire consequences and will be put behind bars.
Answer #2
576 votes
The fact as has been mentioned by you are not sufficient to give proper answer to your question so I would like to as your matter is seems to be complicated kindly meet an advocate of your choice because there are several facts which need to be answered
Answer #3
938 votes
Hi ,
Geeta can file a Domestic violence case against Sanjay and demand interim maintenance with protection rights against sanjay.
Geeta can also ask Sanjay to give her separate accomadation to live.
Lot of serious false allegations can also be levied against Sanjay.
Feel free to have a word with me.

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