How to get relief under section 9 of Hindu marriage act

143 votes

If your husband has acted cruelly towards you and has filed a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights, you can defend the petition on the grounds of cruelty. Here are some steps that you can take to defend the petition:
 

1. File a written statement: You should file a written statement in response to the petition within the stipulated time. In your written statement, you should state the reasons for not cohabiting with your husband and refute the allegations made against you. You can also allege that your husband has been cruel towards you, and provide specific instances of such cruelty.

2. Prove reasonable cause for withdrawal: If you have withdrawn from the society of your spouse, you must establish that you had reasonable cause for doing so. For instance, you can argue that your spouse's conduct was cruel or that your spouse was adulterous. If you can prove that you had reasonable cause for withdrawal, the court may dismiss the petition.

3. Provide evidence of cruelty: In order to prove cruelty, you can produce any evidence that you may have, such as medical records, photographs, or witness statements. You can also narrate the instances of cruelty in detail in your written statement and during the trial.

4. Prove fault on the part of the petitioner: If the petitioner has committed any matrimonial offence, such as adultery or cruelty, you can use this as a defence against the petition under section 23 of the Act. You can argue that the petitioner has no right to seek restitution of conjugal rights if he/she has committed a matrimonial offence.

5. Seek relief under Section 13: If your husband has been cruel towards you, you can also file a counter-petition under Section 13 of the Hindu Marriage Act seeking dissolution of the marriage. In your counter-petition, you can seek a decree of divorce on the grounds of cruelty.

6. Mediation or counselling: The court may refer the matter to mediation or counselling to explore the possibility of reconciliation between spouses. If you are willing to reconcile with your husband, you can participate in good faith in the mediation or counselling process. However, if you do not wish to reconcile, you can make your position clear during the mediation or counselling process.

7. Appeal: If the court passes an adverse order against you, you can appeal against the order in the higher courts.

It is important to note that defending a petition under Section 9 of the Hindu Marriage Act can be complex and requires the assistance of an experienced lawyer. You should consult with me in detail so as to understand your legal rights and options in the matter. 

LawRato LawRato

989 votes

Under section 9 HMA even if any order is passed against you, court can not force you to stay with him. You must present your case by saying that he compelled you to leave house. If court orders that you stay with your husband, and still you don't, then it may be a ground for divorce, but still court can not force you to stay with husband. You must move application under section 24 HMA and seek maintenance, under his section 9 petition and you will see him at Bankfoot.

For more specific advice you may contact me.

Advocate Vivek Nasa LawRato

583 votes

You have stated that your husband has already been found guilty in case of DV. In such a situation your leaving his home is well justified, hence, he will not succeed in his petition under section 9 but you have to think what next. What do you want to do now, whether you are thinking of going back to him or file for a divorce, you have to decide.

LawRato LawRato

604 votes

.Dnt worry for sure all assistance would be given to you and if you are right from your side your all rights would be restored and protected under the legal recourse and procedure and for any further information please feel free to contact me and fix an appointment with me.

Advocate Shaifali Gaur LawRato

793 votes

if you have already filed a case under d.v. act and FIR is also pending against your in-laws and section 9 case which has been file from the side of your husband after the cases filed by youself, then in that case you need not to worry contest that case and it will not going to effect your pending cases.

Advocate Ajay Shakti Goyal LawRato

507 votes

See, your husband has a Right to file the petition under sec 9 of the Act because of the words mentioned in the said section of the Act tells that firstly the burden of proof lie on your husband that you have withdrawn his society intentionally and Secondly the burden of proof lie on you that you have withdrawn his society with sufficient reason to do so, and once you proof that their was the sufficient reason of cruelity then the it is upon court to reject the petition of your husband.
thirdly all the discretion according to this section is only to the court, which means if the court satisfied with your reason then it will definitely gives benefit to you and if court does not satisfied with your reason then the case will going on till the final verdict pass by the court.
so find a good lawyer to assist you in the court and represent you in better way.
Thanks
Warm Regards
Puneet Sharma
Advocate, Solicitor, Legal Consultant

Advocate Puneet Sharma LawRato