Case dismissed, wife not going because of in-law harassment, advise


what to do if husband files case under 9 Hindu marriage Act RCR, and case gets dismiss after 1 year due to non appearance of husbannd. Wife wants to go back but subjected to cruelty in in-laws home. she is living with her own parents from last 2 years. Mrriage took place in 2014 and and she lived in her in-laws home only for 2 months.

Answers (3)


163 votes

Read your query, and the Information provided by you , it doesn't matter that your husband has file a case under section 9 of HMA and it was dismissed, the wife has also the right to file a case under 9 HMA, there are other remedies also , contact me I will guide you further.


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198 votes

if you want to go back you can file a case under sec. 9 H M A for restitution of conjugal rights. And can also file case for domestic violence as well as cruelty. there is no bar for you to file a petition under section 9 HMA.

regards
Hunar Gupta
advocate

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152 votes

You can file case for maintenance under sec 125 cr.Pc and domestic violence act for cruelity . File an case for divorce also and in divorce case there is first stage for reconciliation and in that stage court try to make settlement between the parties , so ask at that time I am ready to go if the husband promise me that he and his family shall not torture or beat her. If you file case under sec 9 Hindu marriage act and even after court order if your husband doesn't take back you home than there is no option left for you. Whereas case of maintenance and domestic violence is pressure on husband family so that they ready to take back you home as in both cases they have to give you maintaince.

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