Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights, reads: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the …
What is the meaning of Section 9?
Section 9 of the Hindu Marriage Act encompasses the provision for the restitution of conjugal rights, according to which, if either of the spouses withdraws themselves from the society of the other, without reasonable excuse, the other party which is aggrieved has a legal right of filing a petition demanding for the …
Can Section 9 be converted to divorce?
when he can convert the section Application into divorce when he got a decree of restitution of Conjugal Rights and despite of the same you are not obeying it at that time it can be a ground for divorce. however, pending section 9 cannot be convert into divorce petition.
In which case constitutional validity of section 9 of Hindu Marriage Act was came into consideration?
Section 9 was held to be unconstitutional, being the grossest form of violation. In the case of Harvinder Kaur v. Harmander Singh, AIR 1984 Delhi 66 the wife had challenged the decree granted to husband by the lower court, the court held that section 9 was constitutionally valid, and the appeal was dismissed.
What is the section of Hindu Marriage Act?
Section 8. Registration of Hindu marriages. Section 9. Restitution of conjugal right.
|Short Title:||The Hindu Marriage Act, 1955|
|Long Title:||An Act to amend and codify the law relating to marriage among Hindus.|
How do you reply to a Section 9 notice?
First of all hire a competent advocate for the reply to the section 9 notice and mention all the facts and then of they proceed further with the RCR then you go and contest the case as per the favourable facts and along with that I also advise you to file a domestic violence case along with 125 so as to pressurise them …
What is section 9 of the divorce Act?
(9) When a court grants a decree of divorce in respect of a marriage the patrimonial consequences of which are according to the rules of the South African private international law governed by the law of a foreign state, the court shall have the same power as a competent court of the foreign state concerned would have …
Can court Force husband to stay with wife?
Wife not husband’s chattel, can’t be forced to live with him, says Supreme Court. At the core of the dispute is an April 2019 order on restitution of conjugal rights, passed in favour of the man under Section 9 of the Hindu Marriage Act (HMA) passed by a family court at Gorakhpur.
What is the punishment for bigamy in India?
Bigamy is a non-cognizable offence. It is bailable and compoundable with the permission of court if the offence is committed under section 494 of the IPC. The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both.
Who can marry under Hindu Marriage?
As per Section 2 of Hindu Marriage Act, 1955, marriage amongst Hindus in any form irrespective of caste or creed or amongst any person who is bound under Hindu Marriage Act, 1955 like Buddhists, Sikhs, Jains and so called Hindus is a Hindu Marriage.
Can Hindu have two wives?
Thus polygamy became illegal in India in 1956, uniformly for all of its citizens except for Muslims, who are permitted to have four wives and for Hindus in Goa and along the western coast where bigamy is legal. A polygamous Hindu marriage is null and void.
What are the 5 grounds for divorce?
Following are the 9 common legal grounds for divorce which are widely present in all current enactments on divorce law:
- Venereal disease.
- Presumption of death.