section 9
8 months ago
my brother filed for section 9 under Hindu marriage act after his wife left him after 4 days of marriage and she is very adamant although my brother tried to change her mind. now she replied to court that she will not return and offered one time settlement to be paid to her. kindly advice .
both are central govt employees
A.Dear Client,
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance in CrPC 125. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. The Supreme Court of India has fixed 25 percent of the husband's net monthly salary as the benchmark amount that should be granted to the wife if the alimony is paid monthly. However, there is no set amount or percentage for a one-time settlement. In case, the alimony is being paid in the form of a lump-sum amount, it usually ranges between 1/5th to 1/3rd of the husband's total worth. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. The offended spouse must wait for a year even if they reject the decree of restitution of conjugal rights. Alternatively, the petition for divorce cannot be filed/allowed with the pending petition for the restoration of conjugal rights.
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance in CrPC 125. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. The Supreme Court of India has fixed 25 percent of the husband's net monthly salary as the benchmark amount that should be granted to the wife if the alimony is paid monthly. However, there is no set amount or percentage for a one-time settlement. In case, the alimony is being paid in the form of a lump-sum amount, it usually ranges between 1/5th to 1/3rd of the husband's total worth. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. The offended spouse must wait for a year even if they reject the decree of restitution of conjugal rights. Alternatively, the petition for divorce cannot be filed/allowed with the pending petition for the restoration of conjugal rights.
Helpful
Helpful
Share
A.Dear Client,
In a situation where a spouse has left the marital home soon after marriage, and one party has filed for restitution of conjugal rights (Section 9 of the Hindu Marriage Act), there are a few things your brother might consider:
Negotiation: If the wife has offered a one-time settlement, your brother might consider engaging in negotiation through legal channels. This could involve discussing terms and conditions that are agreeable to both parties. The attorney can help draft a settlement agreement that protects your brother's rights.
Court Proceedings: If negotiation does not lead to an acceptable resolution, the court proceedings related to the Section 9 case will continue. The court will consider the circumstances, the spouse's response, and other relevant factors before making a decision.
Maintenance and Alimony: Depending on the circumstances, your brother might be required to provide maintenance or alimony to his wife. These issues can be addressed during negotiations or as part of the court proceedings.
Evidence: It's important for your brother to gather any evidence he has that demonstrates his efforts to reconcile and the reasons behind his wife's refusal. This can be useful during court proceedings.
Mental Cruelty: If your brother believes that his wife's actions constitute mental cruelty, this could be a factor in the legal proceedings. Mental cruelty can be a ground for seeking a divorce in certain circumstances.
Mediation: Depending on the court's discretion and the willingness of both parties, mediation might be suggested as an alternative dispute resolution method.
Future Implications: Your brother should consider the potential long-term implications of any settlement or court decision, especially given their status as central government employees. Legal and financial matters can impact their careers and other aspects of their lives.
Thanks
In a situation where a spouse has left the marital home soon after marriage, and one party has filed for restitution of conjugal rights (Section 9 of the Hindu Marriage Act), there are a few things your brother might consider:
Negotiation: If the wife has offered a one-time settlement, your brother might consider engaging in negotiation through legal channels. This could involve discussing terms and conditions that are agreeable to both parties. The attorney can help draft a settlement agreement that protects your brother's rights.
Court Proceedings: If negotiation does not lead to an acceptable resolution, the court proceedings related to the Section 9 case will continue. The court will consider the circumstances, the spouse's response, and other relevant factors before making a decision.
Maintenance and Alimony: Depending on the circumstances, your brother might be required to provide maintenance or alimony to his wife. These issues can be addressed during negotiations or as part of the court proceedings.
Evidence: It's important for your brother to gather any evidence he has that demonstrates his efforts to reconcile and the reasons behind his wife's refusal. This can be useful during court proceedings.
Mental Cruelty: If your brother believes that his wife's actions constitute mental cruelty, this could be a factor in the legal proceedings. Mental cruelty can be a ground for seeking a divorce in certain circumstances.
Mediation: Depending on the court's discretion and the willingness of both parties, mediation might be suggested as an alternative dispute resolution method.
Future Implications: Your brother should consider the potential long-term implications of any settlement or court decision, especially given their status as central government employees. Legal and financial matters can impact their careers and other aspects of their lives.
Thanks
Helpful
Helpful
Share
Read Related Answers
Marriage and police related problem
Dear Client,
The Police do not have any authority to interfere or relinquish the marriage of two consenting individuals who have attained majority. In case of false allegations and misuse of power by...
Staying at husband house after court ordered monthly maintenance
Dear Client,
In November 2020, the Supreme Court of India ruled that deserted wives and their children are entitled to alimony/maintenance from their husbands from the date they apply for it in court....
Husband and wife problem
Dear Client,
In case of marital issues, you can approach a family counselor to resolve the matter and seek appropriate assistance.
Hope it helps.
Thank you.
Sapinda relationship
Dear Client,
Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
Is any legal obligation for me to share the property within my brothers and sister
Dear Client,
All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate...
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
