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Can any judgement of sec 9 HMA be dismissed by the court
08-Aug-2023 (In Divorce Law)
My husband filled section 13 at ahmednagar against me and I have filled section 9, dv and indore family court has passed decree of section 9 in my favor. Please do let me whether his section 9 will be dismissed or not.?
Ma'am,
He has filed for Divorce and you had filed for Restitution of Conjugal rights ,since you have a decree in your favour it can be used as defence to fight against his Divorce Petition. His Divorce Petition will not be automatically dismissed.A decree under section 9 in your favour has other repercussions if co habitation not resumed within a year,discuss with your advocate for steps to be taken in this direction.
He has filed for Divorce and you had filed for Restitution of Conjugal rights ,since you have a decree in your favour it can be used as defence to fight against his Divorce Petition. His Divorce Petition will not be automatically dismissed.A decree under section 9 in your favour has other repercussions if co habitation not resumed within a year,discuss with your advocate for steps to be taken in this direction.
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Adv. Shalini Devi
Mumbai | 400+ Answers
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What is Section 9 in divorce case?
The restitution rights are dealt with in Section 9 of the Hindu Marriage Act of 1955. The law states that the party who has been harmed by a spouse withdrawing from their partner's social circle without a reasonable reason can petition a district judge for restitution. 25-Jan-2023
What is a legal notice to the wife under Section 9?
If the wife does not return within the time frame specified in Section 9 of Hindu Marriage Act, the husband can file for divorce.
What is the Judgement on Section 9 of the Hindu Marriage Act?
The court decisions on Section 9 of the Hindu Marriage Act, 2005. In Saroj Rani V. Sudarshan Kumar Chadha (1984), the Supreme Court confirmed the constitutionality Section 9 of HMA. The Court ruled that the respondent must cohabit and follow matrimonial duties with the petitioner. 09-Feb-2022
Under sec 9 of your petition a decree is passed on your favour... It's passes only because the court appreciated the fact that your husband has deserted you without any reasonable cause.... The court found your husband as the only reason for the same and not you...
Now as your husband still don't want to be with u he has filed a divorce petition under sec 13 HMA and the grounds in the aforesaid section are hard to prove coz I have a decree in your favour under sec 9.. for further questions you can contact again
Now as your husband still don't want to be with u he has filed a divorce petition under sec 13 HMA and the grounds in the aforesaid section are hard to prove coz I have a decree in your favour under sec 9.. for further questions you can contact again
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Adv. Irtiza M Salaria
Jammu | 25+ Answers
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