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Advantage and disadvantage of section 9 hindu marriage act
04-Jul-2024 (In Domestic Violence Law)
Hello, i got married in year 14/12/2016.aftet that 3 months i stayed with my husband family..in 3 month they started asking dowry.. martial harassment..latet my fathet in law passed away so my in-laws go to our ...our son will make saperate home than you come....my husband stated telling give one year time ...i find new job ..make saperate home...so stayed in pg..after that they don't call.blocked my number..so i first sent legal notice..he didn't respond...i have failed domestic valence case in year 2017 jan month..he didnt attatend court.later .My husband has filed section 9 of hindu marriage act against me. Please inform what is section 9 ..?i have not attend he is also not attend.so case has been closed...ext later he saying mutual divorce...
I have demand money whic we sepnt in marriage..he is ready for our demand.. stated saying i put snyother case on me..so please guide me shall i put 498 case on him i have proof of everything.
Dear Madam,
Section 9 is nothing but restitution of conjugal rights that is your husband demanding you to return to his house. You may oblige it or protest it. You may also file dowry case under Section 498A IPC r/w Section 3 and 4 of Dowry Prohibition Act so that he will come to terms.
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Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
Section 9 is nothing but restitution of conjugal rights that is your husband demanding you to return to his house. You may oblige it or protest it. You may also file dowry case under Section 498A IPC r/w Section 3 and 4 of Dowry Prohibition Act so that he will come to terms.
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Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 5+ Answers
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Hi,
Hindu Marriage Act, 1955 (Section 9) says If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
Section 9 is to save marriage.
The term Conjugal Rights could be placed against any of the spouses guilty of staying away from the other party without a proper reason. If the suit succeeds then the couple would be needed to stay together.
Please contact us for any further assistance without any service charges.
Hindu Marriage Act, 1955 (Section 9) says If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
Section 9 is to save marriage.
The term Conjugal Rights could be placed against any of the spouses guilty of staying away from the other party without a proper reason. If the suit succeeds then the couple would be needed to stay together.
Please contact us for any further assistance without any service charges.
Helpful?
Adv. Rajesh Kumar K
Bangalore / Bengaluru | 400+ Answers
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