Send legal notice to husband for section 9

Question

Send legal notice to husband for section 9

05-Sep-2026 (In Divorce Law)

Husband threaten me so I came to my mom dad home then he send me normal false letter stating that I am living there by my choice then I send legal notice to husband under section 9 but he doesn't rply..n don't take me home

Answers (5)

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Advocate Riddhi Pratap Bothara LawRato · Accepted Answer · 2026-09-05T16:33:13+05:30

Answer #1

If you left the matrimonial home because of your husband’s threats/harassment and are now staying with your parents, his unilateral letter claiming that you are living separately “by your choice” does not by itself prove desertion. Since you have already sent a notice under Section 9 of the Hindu Marriage Act expressing your willingness to resume matrimonial life and he has not replied or taken you back, preserve all notices, replies/letters and evidence of threats/harassment. Depending on the facts, you may consider appropriate proceedings for restitution of conjugal rights, domestic violence and/or maintenance after taking advice from a family-law advocate.

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Advocate Moksh Jain LawRato · Accepted Answer · 2026-09-05T20:28:08+05:30

Answer #2

if your husband is not replying to your legal notice and is threatening you then you need to file a police complaint, for the fear he is trying to create in your mind and then file a domestic violence case for residence orders to get a house where you were living and maintenance

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Adv. Moksh Jain Adv. Moksh Jain

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Advocate Parth S Barot LawRato · Accepted Answer · 2026-09-06T08:38:51+05:30

Answer #3

Sending a notice under section 9 is okay but you need to take further steps legally and approach the court… what reason does he have to give to keep you away from your house? If the reason is valid then he may approach the court himself I’d suggest you do it.. but there’s more to it it’s not that easy..

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Advocate Keyur Kulkarni LawRato · Accepted Answer · 2026-09-06T22:20:34+05:30

Answer #4

You have file case before the local family court with the relief of taking you back to your matrimonial home along with domestic abuse case. This case must be filed with the notice and reply to make it clearer.

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Adv. Keyur Kulkarni Adv. Keyur Kulkarni

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Advocate Saylee Chaudhari LawRato · Accepted Answer · 2026-09-09T11:20:53+05:30

Answer #5

If your husband is refusing to take you back despite your genuine willingness to resume matrimonial life, you may consider filing a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act. Apart from proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, if you have faced any acts of physical, verbal, emotional, sexual or economic abuse, threats, harassment or deprivation of your rights in the shared household, you may also consider initiating appropriate proceedings under the Protection of Women from Domestic Violence Act, 2005. Depending upon the facts, reliefs such as protection order, residence order, monetary relief, compensation and other appropriate reliefs may be sought. The fact that the husband has refused to take you back despite your request can also be placed before the Court, but the DV proceedings should be based on the specific acts and circumstances constituting domestic violence.

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Adv. Saylee Chaudhari Adv. Saylee Chaudhari

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