Section 9 of HMA
3 years ago
Section 9 filed by wife while i have already filed divorce case under Article 13 and she received summons also... what it have implications if this act
Prashant Deshmukh
Responded 3 years ago
A.On which ground you have filed divorce case? You have to prove that ground then only you will get divorce.
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A.Hi,
The facts of the case are not clear.
As per Section 9 of the Hindu Marriage Act 1955, the affected person can approach the court for restitution conjugal rights if either the husband or wife withdraws from the society without reasonable excuses.
If the court is satisfied and convinced that there is no ground for divorce, then the court may act in favour of your wife and decree restitution of conjugal rights.
The facts of the case are not clear.
As per Section 9 of the Hindu Marriage Act 1955, the affected person can approach the court for restitution conjugal rights if either the husband or wife withdraws from the society without reasonable excuses.
If the court is satisfied and convinced that there is no ground for divorce, then the court may act in favour of your wife and decree restitution of conjugal rights.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
(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.
Basis on which petition for Restitution of Conjugal Rights can be rejected
1.If the respondent is capable of claiming any matrimonial relief.
2.If the petitioner accepts that he has committed any matrimonial misconduct.
3.If the petitioner’s action makes it impossible for the respondent to stay with him.
(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.
Basis on which petition for Restitution of Conjugal Rights can be rejected
1.If the respondent is capable of claiming any matrimonial relief.
2.If the petitioner accepts that he has committed any matrimonial misconduct.
3.If the petitioner’s action makes it impossible for the respondent to stay with him.
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