Better way for taking divorce ?

This query is : Resolved 
 

(Querist)
01 October 2010

I filed a case "restoration of conjunction rights" against my wife. But now didn't want to live with her. Her lawyer refuse to send her.

Did I take back my case & file a diffrent suit for divorce or I ask court to make judgement in her favour? Which is good for me?

My wife staying at her home since january 2010, case is in womencell. Please read my previous queries. My wife want's to live with me ( i heard) but that girl is not worth keeping at home.


Amita Chaudhary (Expert)
01 October 2010

pursue your section 9 case as in case, court directs her to go back and she fails to comply then after paasing of such order after one year u can file for divorcee... u two can go for mutual divorcee for which u withdraw the 9 petition and then file petition for mutual divorcee.. but 1st talk to your wife is she ready to go for mutual divorcee...

s.subramanian (Expert)
01 October 2010

Yes. I agree with Amita.

Kirti Kar Tripathi (Expert)
01 October 2010

I think that you are governed by the Muslim personal law, I fail to understand that how you have filed the case under section 9, which relates with HMA. In Muslim law you can act in accordance with Muslim law and take shelter. However, you have to make compliance of provisions of Muslim Women (Protection of Rights on Divorce ) Act

Khaleel Ahmed (Expert)
07 October 2010

Consult with your local family counselors.

aman kumar (Expert)
07 October 2010

section 9 is not applicable on Muslim parties

V R SHROFF (Expert)
30 August 2014

"I think that you are governed by the Muslim personal law, I fail to understand that how you have filed the case under section 9, which relates with HMA. In Muslim law you can act in accordance with Muslim law and take shelter. However, you have to make compliance of provisions of Muslim Women (Protection of Rights on Divorce ) Act

" I FULLY AGREE WITH VIEWS OF SHRI K K TRIPATHY.

BUT!! SELF DONE: NOT THRU LAWYER: SO HE WILL HAD IT !!!!MORE AND MORE COMPLICATION; TROUBLE, ..

prabhakar singh (Expert)
30 August 2014

The remedy of restitution of conjugal rights was neither recognized by the Dharmashastra nor did the Muslim law made any provisions for it. It came with the Raj. Restitution of conjugal rights has its roots in feudal England, where marriage was considered as a property deal and wife was part of man’s possession like other chattels. The concept of restitution of conjugal rights was introduced in India in the case of Moonshee Buzloor Ruheem v. Shumsoonissa Begum , where such actions were regarded as considerations for specific performance.


In modern India, the remedy is available to Hindus under Section 9 of the Hindu Marriage Act, 1955, to Muslims under general law, to Christians under Section 32 and 33 of the Indian Divorce Act, 1869, to Parsis under Section 36 of the Parsi Marriage and Divorce Act, 1936 and to persons married according to the provisions of the Special Marriage Act, Section 22 of the Special Marriage Act, 1954.

The court though is competent and have discretion to pass a decree of restitution of conjugal rights, but it is powerless to have its specific performance by any law. The non-compliance of the issued decree results to constructive destruction on the part of the erring spouse.




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