Nirav sharma 27 November 2018

to ask about section 9 hma

dear sir,
my wife have done several cases on me, one of them is section nine,
I just want to ask can court order me to bring her back?
or no court can order without my will to bring he back
this is not clear to me, iam not willing to bring her back due to several reasons, so please do guide me

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5 Replies

Adv Deepak Joshi +917017821512 (Advocate) 27 November 2018

No court can force you live with your wife forcefully.

Vijay Raj Mahajan (Advocate) 28 November 2018

When you don't want her back in your matrimonial home, why you talk of section 9 HMA which for restitution of conjugal relationship with spouse. Go for divorce under section 13 HMA on the basis of her acts of cruelty and desertion of 2 years.

Adv.Shukla (advocate ) 28 November 2018

sec 9 rcr under hma means your wife wants you to live with him however court can't force you to live with her if you want divorce.

SWATI SHARMA (lawyer) 29 November 2018

Nirav Sharma,

Section 9 of the Hindu Marriage Act is of Restitution of Conjugal Rights wherein the aggrieved party (in this case your wife) can file Petition for restitution if you have withdrawn from her society without any reasonable ground. A burden of proof lies on you to show the reason of desisting to cohabit with her. No court can force you to cohabit with your wife without your consent. Also, there is always a remedy for an individual to challenge the said order.

Regards

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gagan dhruv 17 June 2019

I have filed a petition u/s 9 of HMA. My wife (respondent) receive saman but she doesn't come and she decalred exparty. Now the case was fixed for exparty evidence. Plz suggest me next procedure of exparty evidence and in future what action