Why is that their no time Limit for Filing Section 9 of HMA?

Querist : Anonymous (Querist) 27 July 2010 This query is : Resolved
Que.1.Why is that their no time Limit for Filing Section 9 of HMA? Even after 6 years of desertion and having extra marital affairs few spouses taking the advantage of Section9 of HMA just for the sake of Maintenance?

Thus, similar to Divorce Clause Which says that 2 yrs of Desertion would entitles spouse to file for Divorce , Similarly their should be Clause of Filing Within 2 years for Section 9 other wise, it should not be allowed?

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Sukhija (Expert) 27 July 2010
maintenance can be filed independently at any time by the spouse. No need of filing u/s 9 of HMA and claiming maintenance under it.
for claiming Restitution of conjugal rights, no status of parties is to be decided. If they are living separately for yrs bcoz of communication gap or reasons which are mendable at this point of time, a sincere try can be given to their relation by the consent of the parties. The parties are ordered to stay together but the said order can not be executed by the court without the consenting parties to the petition.
If any one has grievances to other spouse living separately for more than a year, he can file divorce petition rather than waiting for yrs and then filing u/s 9.

Querist : Anonymous (Querist) 27 July 2010
I am in total agreement with you but if on party files Divorce other party files for RCR why it is so?

Devajyoti Barman (Expert) 27 July 2010
May be the husbands have no protection once their wives desert or they do not want to give divorce and make a counter claim for RCR. This is nothing but the strategic order taken by the husbands to mitigate the barrage of attacks the wives resort to after leaving their marital home.

Querist : Anonymous (Querist) 27 July 2010
But Sir, my question is why their is no time limit prescribed say 2yrs max after wards you are not eligible for RCR?

s.subramanian (Expert) 27 July 2010
you are looking at marriages simply as a contract between parties.hindu marriages are considered to be sacro-sanct afair by our sastras. a couple may be living away from each other even on trivial differences and due to ego clash.by this we cannot put to an end to such a holy relationship fixing the time limit for restitution. it is always open to them to forget their differences and reunite. that is why there is no time limit under sec.9. we should not confuse with some rare cases involving infidelity betwen husband and wife and say that there should be time limit. once they have been advised to reunite by an order of restitution time limit comes into operation.an order of restitution cannot be allowed to hang in air as per the whims and fancies of the parties once the court has taken a decision.

G. ARAVINTHAN (Expert) 28 July 2010
RCR is a right due to marriage and the reason for that is anytime the couple may want to live jointly and continue marriage

Guest (Expert) 28 July 2010
KINDLY NOTE THAT COURTS ARE FOLLOWING THE LAW PROVISIONS.UNLESS ANY AMMENDMENT IS MADE THE SAME PROVISIONS WILL BE APPLICABLE.

MAINTAINANCE AMOUNT IS PAYABLE TILL THE SPOUCE REMARRIES OR TILL SURVIVES.
GOOD LUCK.

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