Regarding Section 9 of HMA
Querist :
Anonymous
(Querist) 07 June 2010
This query is : Resolved
Dear Sir,
I n3eed the moral as well as legal advise on the following from the respected experts
My brother's wife has left the matrimonial house without reasonable cause as her parents had the greedy eyes on the familial assests of the brotherand he had made many reconciliatory efforts to bring her back but failed but later the parents of the girl has served the legal notice and threatened to implicate them in the false cases
My brother has moved an application for Anticipatory bail but the FIR was not registered aginst him so he has moved the Application under section 9 of Hindu Marraiage Act for seeking restitution of conjugal rights against his wife. Now his wife is saying that she is ready to cohabit with him with the condition that he should first take the case back
What he should do in such circumstances?
Whether he should get the decree for restitution in second hearing (After Notice)?
In case if hi wife will filed the reply whether he will have the liberty to file the rejoinder as there are certain facts which are of relevance but has not brought into Hon'ble Court Notice?
Regards
Devajyoti Barman
(Expert) 07 June 2010
If the wife intends to come back then instead of withdrawing the suit let the wife appear in the suit and get a decree on consent.
If she contests the suit the decree would be difficult to get.
If some important points are left to be added then the best course action would be to get the pleading amended by filing petition u/o 6 r17 cpc.
Guest
(Expert) 13 June 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE PETITION UNDER SEC.9 OF HMA KINDLY NOTE THAT.
1.AS SHE IS WILLING TO COHABIT AND COME BACK THEN WRITE ON A STAMP PAPER OF RS.100/-AND WRITE ALL TERMS AND CONDITIONS AGREED BETWEEN BOTH SIDES AND BOTH SHOULD SIGN THE SAME AND GET IT NOTORISED AND SUBMIT THE COPY OF SAME TO THE COURT AND WIDRAW THE APPLICATION AS SHE IS WILLING TO COME BACK.
IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS OR WRITE OR CALL.WILL HELP YOU
THANKS.
