Section 9 -  man is already divorced Section 9 - man is already divorced

10 months ago

If a man is already divorced is he eligible for filing section 9 notice in second marriage

Anik

Responded 10 months ago

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A.Dear client,

Section 9 of the Hindu Marriage Act, 1955 pertains to restitution of conjugal rights. It allows either spouse to file a petition seeking restitution of conjugal rights if there has been a withdrawal from cohabitation without a reasonable excuse.

If a man has already obtained a divorce from his previous marriage, he is no longer legally married to that spouse. Therefore, Section 9 of the Hindu Marriage Act, which pertains to restitution of conjugal rights between spouses, would not apply in the context of the previous marriage.

However, if the man enters into a second marriage and experiences issues related to the withdrawal from cohabitation without a reasonable excuse, he may be eligible to file a petition under Section 9 for restitution of conjugal rights with his current spouse, provided that the requirements and conditions under the law are met.
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