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Q. What happens if we dont appear for Restitution of Conjugal rights case ?

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Anonymous

posted 1 month ago

Q.What happens if we dont appear for Restitution of Conjugal rights case ?
This on behalf of my friend. She was in a relationship earlier. When things did not work out, she broke up with him. And all of a sudden, he comes with a marriage certificate claiming her as his wife. He had got signatures from her while in a relationship for registering saying false promises. However no marriage had took place between them. Also, the place where he claims a marriage took place is not an appropriate one. There had been judgements quashing marriages that were claimed to have taken place in the same venue. While we are about to claim the marriage has not taken place, the guy has put up a restitution of Conjugal rights under Section 9 of HMA. My friend had appeared once and has said she didnt marry him and they postponed for further hearings. But she is not willing to go for further hearings. Now, what happens if she fails to appear in the next one which the court has said NFA ?

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Shreyash Mohta

Experience: 1 Year(s)

Responded 1 month ago

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A. ) Nothing will happen.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 month ago

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A. ) Dear Sir,
Even if Restitution of Conjugal Rights case is decreed he cannot get any benefit out of it.

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Adv. Swapnil S Bhalerao

Experience: 3 Year(s)

Responded 1 month ago

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A. ) Hello,
Your friend can claim for declaration that the marriage is illegal or void.
It is important that your friend attend the court dates if she claims the same.
However, if you don't want to contest the conjugal rights case, it is solely your decision. She may discuss with her lawyer any such negative or positive consequences for the not attending the later case.
Hope that helps!
Regards.

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