A legal notice under section 9 of the Hindu Marriage Act for restitution of conjugal rights asks a spouse who has left the other without any reasonable excuse, to return. In the Hindu Marriage Act, the Conjugal Right has been given high importance and significance and as such section 9 is being used as a protective mechanism against the breakdown of a marriage. If you don't receive a reply to the legal notice regarding marriage problems under section 9, then the aggrieved party can approach the Court for restitution of conjugal rights.
A legal notice under section 9 of the Hindu Marriage Act asks a spouse who has left the other without any logical excuse, to return. Restitution of conjugal rights is a process through which either party can gain certain specific legal rights against the other party. The main right is the right to live with the guilty party. If you don’t get the legal notice about the marriage issues under section 9, then the aggrieved party can request the court for restitution of conjugal rights.
As a first step, one must contact a divorce lawyer who has good drafting skills and technical know-how in the field of Matrimonial Disputes. The lawyer should know how to write a legal notice under section 9 of the Hindu Marriage Act. He/She should be aware of the format of the legal notice. One must:
Discuss the whole scenario with a lawyer and inform him/her of the incidents with your spouse. Like the date of marriage and the date when he/she has left you.
You can send the notice in either English or in any other Indian language which you speak and can understand.
The legal notice must contain the following points:
Name of the parties
Address
Date of Marriage
Date of Separation
To
Mst. XYZ,
Daughter of ABC,
R/o ___________________,
Sub:- LEGAL NOTICE
I hereby informed you that Mr. JA son of BA resident of H. No. __, St No. _, near ____, Allama Iqbal Colony, ______, Rawalpindi has engaged me as his counsel to send you legal notice in a family matter and after placing all the relevant documents /record before me, has requested to serve you with the following legal notice:
That my client was married to you according to Islamic Rights. The dower amount was fixed Rs. 1 million, out of which half was paid to you, no dowry articles were given to you by your parents. During the matrimonial life, no issue was born.
That during the subsistence of the marriage, your behavior towards my client was not well and you on the instigation of your father are making hurdles also making troubles in your matrimonial life with my client. Your father often asked you to collect money from my client and give it to him but when my client denies the same, you left the house of my client many times. My client tried to reconcile with the elders of Brother and repeatedly took you to his house.
That after the marriage of the parties hereto you proved yourself as an undaunted lady, selfish, wayward/ arrogant, and a woman of willfulness. However, my client tried his level best for the betterment of the material abode and also to manage with you and in this regard left no stone unturned. But in return not even a single step is taken by you for the betterment of the situation. You intentionally by your conduct and behavior made the life of my client miserable, however, my client bothered all this for the sake of material abode, for the honor of his family, and also for the honor of the family of you but it was you who always proved yourself as NASHIZA from your conduct and behavior. My client himself and through the elders of both the families emphasized you and asked you to become loyal, obedient, and a good lady but all in vain. Rather you demanded a huge amount and other valuables gifts from my client on the instigation of your father.
That it is worth mentioning to state here that my client belongs to a respectable family. You and your parents contracted the marriage with my client with the intention to grab extraordinary benefits from my client and in this regard during the matrimonial lifetime and again asked and pressurized my client to give huge amounts
but on the refusal and straightaway denial, they came to the conclusion that their illegal and unlawful desires and also their wishes for grabbing money and other valuables can never be achieved.
That it is also pertinent to mention that my client provided all the necessities of life to you according to his means and status but unfortunately found you as one who has no respect for your husband and also has no belief in family life. In spite of living with my client in his house you on the instigation of your father’s time and again left the house of my client without the permission and knowledge of my client as well as without any cogent reason.
That at the time of marriage, my client on demand of the parents of you has managed and given gold ornaments and also gave a luxurious reception. But when you and your parents came to the conclusion that their illegal and unlawful desires cannot be fulfilled, you left the house of my client in the last month i.e. May 2008 without the permission, knowledge of my client in his absence along with valuables while my client was not in the home. When my client came to his house, he came to know that you are not at the home. He inquired on the telephone about your absence, you told me that you will come back. You while leaving the house of my client took the gold ornaments weighing 8 Tolas and also cash amount of Rs. 70,000/- and also valuable articles.
That it is only your father who poked his nose in the matrimonial life of you and my client and instigate you to pressurize my client to fulfill their illegal desires.
That you took the valuables on the instigation of your father and my client reserves his right to initiate criminal as well as civil proceedings against you and her father.
That my client has love and affection with you and he wants to live in a happy family.
That my client sent you many Jirgas for reconciliation but you on the instigation of your father denied to reconcile. The members of the Jirga are ready to record their evidence which my client has sent them to your house for compromise but you again on the instigation of your father demanded a huge amount for compromise. My client is a poor man, he could not fulfill your desires because of which you denied performing your matrimonial obligations. My client is a young man, who is living a miserable life without his wife.
That my client has paid the maintenance allowance to you throughout his matrimonial life.
That my client still has love and affection with you and he wants to live a happy life with you and is ready to reconcile.
That it is an obligatory duty upon you both legally and morally that you should live with your husband and perform the matrimonial obligation.
That despite the number of reservations, my client tried his level best by himself and through Jirgas to solve this matter to save his matrimonial life and to provide love and affection to you but all the efforts made by my client remain futile due to your adverse and negative attitude.
Through this legal notice in a family matter, I hereby instruct you in your own interest to rejoin my client and perform your matrimonial obligations, for which he has the legal right and also rejoin my client in his house within 14 days otherwise my client has given me clear instructions to institute a suit for restitution of conjugal rights in the competent court of law, at your risk and costs. My client also asked me to inform you that if you do not perform your matrimonial obligations and do not reconcile, he will have a right to remarry after due process.
Through
Name of Council
Advocate High Court
There are no specific documents that are required to draft a legal notice for the restitution of conjugal rights. However, one must ensure that the information stated in the legal notice is correct to the best of his knowledge. One must also ensure that all the relevant information required to be included within the legal notice is included under the legal notice for restitution of conjugal rights.
No set procedure is applicable in the making of legal notice for restitution of conjugal rights. However, a legal notice must be drafted and signed by a lawyer, with all the necessary details/contents as mentioned above. Once the notice is drafted it should be thoroughly examined by the sender. It should then be sent to the other party. If no action is taken or no reply is received within the number of days as mentioned upon the notice, a suit for restitution of conjugal rights against the defendant can be filed in the court of proper jurisdiction.
One needs to follow a proper format to draft a legal notice under section 9 of the Hindu Marriage Act. The legal notice format regarding marriage problems will be discussed later in the article.
There are 2 scenarios when Decree of Restitution of Conjugal Rights doesn't apply:
It is highly pertinent to mention here that even if one party has obtained a Decree of Restitution of Conjugal Rights from Court, it becomes futile in the case where one of the partners is found to be impotent.
The Decree of Restitution of Conjugal Rights cannot be executed by forcing the opposite party who has refused to stay with the person who institutes Suit for Restitution of Conjugal Rights.
However, there is another way out such as, if the decree of restitution of conjugal rights is not honoured for more than one year subsequent to the date of the decree, then it becomes a ground for divorce. In this case, the aggrieved party can then directly send divorce notice to another, with the help of a good divorce lawyer.
Desertion by your partner can be a stressful time. Hiring an attorney to understand if Restitution of Conjugal Rights is possible will be a major step towards reducing the stress. While the attorney will need to gather information from you regarding the case, he or she will also take care of all the paperwork, allowing you more time to take care of yourself and your family. An experienced family lawyer can give you expert advice on how to handle your case owing to his years of experience in handling such matters. A family lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney a person can make sure that he/she can avoid delay and get the Court to order your partner to resume cohabitation as quickly as possible. You need to hire an attorney to defend you in case a Restitution of Conjugal Rights case has been filed against you.
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