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Query related to Sec 9 RESTITUTION OF CONJUGAL RIGHTS of HMA..........


14-Sep-2023 (In Divorce Law)
Wife has already filed crpc 125 and DV. My lawyer is saying to file Sec 9 of HMA. I am confused, is it advisable to file Sec 9, if DV case is in place ? if yes, then what precaution we should take.
Answers (5)

Answer #1
648 votes
Section 9 will not hold any good purpose in your case. As she had already filed a complaint under DV that means she doesn't want to continue the matrimonial life. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Answer #2
665 votes
Ur wife has already filed the above mentioned new cases . Now you have to decide about what is your stand. If you want her back then only file sec 9. Otherwise you should contest both the cases on merits. There are certain other facts which cannot be discussed in detail here. Conta t a lawyer directly.
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Answer #3
858 votes
The first and foremost thing is that keeping the focus on education of your wife. That maintenance petition get be cancelled on legal grounds and latest Supreme Court and High Court Judgment.
Yes you can file the case under sec 9 Hindu Marrige Act. Annulment of the marriage but it has pertaining some conditions that we need to discuss over a call.
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Answer #4
576 votes
section 9 is restitution of conjugal rights. filing it would indicate that you want your wife to return to your home.

incase you do not want to stay with wife filing divorce case is better option.

should you have any questions please feel free to contact me.
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Answer #5
860 votes
RCR has nothing to do with current cases rather it will help you to later get divorce !
it’s upto you what exactly do u seek
You need to hire expert advocate if you are not satisfied with current council
Thanks
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