For section 9 enquiry

This query is : Resolved 
 

(Querist)
26 June 2019

Hello Sir,
I want to file Section 9 against my wife. is this helpful for me,,
i want to save my relation with my wife


R.K Nanda (Expert)
Click to Talk
26 June 2019

state full facts of case to get reply.

SHIRISH PAWAR, 7738990900 (Expert)
26 June 2019

You have to send legal notice for RCR. If your wife dont comply with the notice you can file RCR petition in court.

Sudhir Kumar (Expert)
27 June 2019

RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse. This way husband leaves her with no choice but to spoil his family even if she does not want to do so.

This forum is full of such cases where husband with parents/siblings faced such criminal charges.
After visiting jails people realise that the situation inside Indian Jails is not as rosy as shown in movies and the cops are also comedians in movies which is not in actual life.

Dr J C Vashista (Expert)
27 June 2019

1. No facts provided to analyse and oblige.
2. Order/judgement (favourable) on a petition under Section 9 of the Hindu Marriage Act, 1955 is ".useless" and "toothless" since there is no provision to execute and compel the respondent to rejoin society of petitioner.
3. Prima facie it is an academic topic for debate.
4. Consult a local prudent lawyer for better/proper appreciation of facts, analyse, guide and proceed.
5. If you are located in Delhi/NCR and feel so, may contact me (on appointment) at: Chamber no 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075
Cell # +91- 98911-52939 email: majjagdish@yahoo.com or visit: www.vakil-saab.com

Sudhir Kumar (Expert)
28 June 2019

Whne a woman leavbe matrimonial home she is sure (right of wrong) tht she is totured. Section 9 cannot be exptended to compel a woman to under go a torture if she fears (rightly or wrongly).

It was possible in taliban ruled Afghanistan wherein many ladies in such cases were jailed for escaping torture.

Please see link below

https://www.youtube.com/watch?v=MWsSVkzskos

When a woman is alleged to have deserted the husband she has n option but to justify her absence. In such a case she has to lay the allegation of dowry demand/ domestic violence (true/false), Thereafter husband and family run for shelter.



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