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Query Regarding Section 9 Process and Associated Costs
01-Apr-2025 (In Family Law)
My wife has been at her parental home since 31st August. I have tried contacting her through calls, messages, and even visits, but there has been no response from her or her family. Could you please guide me on the process for Section 9, and let me know the approximate costs involved?
Thank you
Hi. Yes you can file for restitution of conjugal rights under section 9 of the Hindu Marriage Act. Under this the court can issue directions to your wife to join your company. You can also send her a legal notice before filing of the petition.
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Adv. Bhawani Gupta
Delhi | 50+ Answers
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Dear sir,
Under Section 9 of the Hindu Marriage Act, 1955, you can file a petition for the restitution of conjugal rights if your wife has left without a valid reason. The process involves filing a petition in the family court with details of the marriage and separation. The court will issue a notice to your wife, and if she does not respond or contest, the court may pass an order in your favor. However, this does not guarantee she will return, as enforcement is challenging.
The cost of filing varies based on lawyer fees, court charges, and location, generally ranging from ₹10,000 to ₹50,000 or more. If she contests, the cost may increase due to extended proceedings.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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First of all rather than going legally you should serve your partner a legal notice as to why he/she is doing all these and try to figure out what's going on in his/her mind regarding you. After that if he/she fails to give you satisfactory reply then you can anytime send a complaint regarding your grievances in writing to the police station of your area. But if you are willing to stay with him/her then you should file a petition under section 9 HMA for calling back your partner in your matrimonial life.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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section 9 of restitution of conjugal rights. if any spouse desert the society of others without any reasonable excuse . you can file the case before the principal judge of family court of concern jurisdiction.
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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You can file a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The process starts with engaging a lawyer who will draft and file the petition before the family court in your area. Once filed, the court will issue notice to your wife. If she appears, the court may try for mediation. If she does not respond or cannot justify her absence, the court can pass a decree in your favour. This is a civil remedy. Costs depend on the city and lawyer. In metros, fees usually range from Rs. 30,000 to Rs. 75,000 or more. Let me know if you need help with filing or next steps.
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Adv. Nilotpal Datta
Delhi | 25+ Answers
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