What is section 9 of the divorce Act?
Description: When any question of law or usage having the force of law arises at any point in the proceedings previous to the hearing of any suit under this Act by a District Court or at any subsequent stage of such suit, or in the execution of the decree therein or order thereon, the Court may, either of its own …
What happens if my husband files Section 9?
Under section 9 of hindu marriage act restitution of conjugal rights is permitted. If husband has sent you the notice that means he is calling you back in the matrimonial house. It is upto you whether you would like to join him or not.
Can Section 9 be converted to divorce?
3. Section 9 cannot be converted into divorce case at a later stage, you may have to file a divorce separately.
How do you win a Section 9 case?
See, your husband has a Right to file the petition under sec 9 of the Act because of the words mentioned in the said section of the Act tells that firstly the burden of proof lie on your husband that you have withdrawn his society intentionally and Secondly the burden of proof lie on you that you have withdrawn his …
When can I file Section 9?
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deals with restitution of conjugal rights, reads: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the …
Can husband ask for maintenance from wife?
Legal provisions The provision of husband’s right to claim Maintenance from their wives is provided under the Hindu Marriage Act, 1955. For example, in the case of mutual consent divorce, if the parties agree not to claim Maintenance, the court can grant Maintenance according to the case’s circumstances and facts.
Can husband apply for divorce?
The husband has a right to file a petition for divorce with or without mutual consent. For the latter, the grounds for filing remain the same as that for a wife. Before filing for divorce, men need to keep a few things in mind to ensure a favourable response by the court.
Can I file section 9 after 498A?
YES, your wife may file a criminal complaint against you and your family under section 498A etc. despite of fact that you had filed a petition of restitution of conjugal rights under section 9 of Hindu Marriage Act.
What is the impact on wife if husband Wins RCR?
If you win RCR, and she does not join you even thereafter, you will be entitled to file for divorce after a year. This is the only benefit which will accrue to you. 2. An adverse order against her will not curtail or abrogate her right to file for divorce.