U/S 9 H.M.ACT
Guest
(Querist) 09 October 2010
This query is : Resolved
My wife has filed case for Restitution of conjugal rights u/s 9 OF H.M.ACT
1) I have made submissions in court that I have not deserted her and I am willing to maintain her live with her.
2)My wife also given the statment in court that I know that my husband was always ready and willing to keep me and is still ready to keep me and maintain me.
3)she also given the statment that she is still ready to live with the husband on condition that my husband brings two relative to my parental house to take me.
My Query . Since she is imposing a condition ,Can court pass decree in her favour.
Amita Chaudhary
(Expert) 09 October 2010
Mr. Ganesh i donot understand what documentary proof do you need in such matter.. its a word of mouth against the other... and the person are bound by their statements made before the Court... i think in view of your statement the petition need to be allowed....
Parthasarathi Loganathan
(Expert) 09 October 2010
Section 9 of Hindu Marriage Act is very clear dealing Restitution of Conjugal Rights,
When either the husband or the wife has, without reasonable excuse may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
(2) Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which shall not be a ground for judicial separation or for nullity of marriage or for divorce.
In your case wife has stated to the court she is willing to live with the husband which the court has rightly awarded decree in her favour. There is no issue.
yogesh
(Expert) 09 October 2010
Your wife cannot impose any unreasonable condition for the restitution of conjungal rights
Kirti Kar Tripathi
(Expert) 09 October 2010
since the suit pertains to RCR, in which court has powers only to the extent to direct the party to perform their matrimonial obligations/ in your case both the parties are ready to perform their obligations, thus there remains no dispute. under these circumstances court can only pass decree in her favour ignoring the condition imposed, if any/
Srinath Kondapally
(Expert) 11 October 2010
irrespective of her condition court definately pass RCR Decree in her favoras you are also willing to stay with her.
