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preeti (Asst Manager)     09 February 2010

Plz help

My friends husband and inlaws demanded Dowry from her and her family. they were together for 13 months and when she was unable to bring in the dowry, her husband left her at her parental house. he was untraceable for 2 months and after much efforts from my friends parents they came for a meeting wherein her husband refused to live with her without money.  after 1 month he filed a section 9 against her. it will be 2 years for this case in this july. after repeated failed attempts for reunion she filed a 498 against them. trial of it still not started. its now been two year tht they r living seperatly.

My question is tht if husband can file for divorce on any grounds? wht r the loopholes in section 9 against girl in this case. she still want a reconciliation provided they will not demand any dowry. Plz help on this urgently.


 25 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     09 February 2010



Why she did not accept section 9 and join the company??


preeti (Asst Manager)     09 February 2010

he blamed her and her parents for physical cruelities and said tht instead she left him. if she accepts it then it would be against her.

S.B _Kolkata (Service)     09 February 2010


HMA Section 9 filed by the husband of your frnd is nothing but to show love, care and affection on wife. In your friend's case there is a salient threat behind the section 9. Just it has been used adversly.

As you expressed that the hubby wants to get back his wife along with dowry as demanded.

If stiil your friend wants to go back there, that should be through the court at where she could explain her situation and all are to be expedited in writting.

Though she has already filed 498a case against her hubby. so it is upto the hubby to be prove himself before the court. Try to get evidence of his demand.

But make sure that under any circumstances the dowry case should not be misused as it is a "legal terror" quoted by our SC.

I am not a lawyers but  a simple guy who is suffering for a unwanted fear of false 498a likely to file by my wife against me. How ever the said suggestion as given above may be helps your friend to be act boldly. dont be affrai. get help from any experienced lawyers, and obviously our advisor in this website will help you as I believe.

Wish your friend all the best..

Lastly under any threat or pressure, dont allow him (husband) to get dowry from your friend.

preeti (Asst Manager)     09 February 2010

Thnx. her only concern is wht could be adverse effects of this section 9 on her. does it help her husband in getting divorce easily or wht?

S.B _Kolkata (Service)     09 February 2010

If she will not explain the whole thing before the court vide a good lawyer, and if she does not respond the summon of the court, then this will go against her.

while exposing the intention of the husband before the court, definitely he refuses all the blames, then ask him to give in writting that he wants her to get back with out any demand or provision.

After giving the writting from the hubby's end, then only she can move to be togather again, other wise once she filed 498a case and this is a non compoundable in our country, So hubby will be in trouble, always keep open for the discussion with them.

Best of luck

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     09 February 2010



Ufcourse, if your friend will not join her husband then your friend will not be entitle for any maintenenace (90% chances).

Further if there is any adverse blames then she can refuse those blames in her reply and demand in court that if her husband will take his allegatin back and promise not to harass her then she can join him.

Then court will dismiss his case or allow with direction to the husabnd to give proper respect and care.


S.B _Kolkata (Service)     09 February 2010

Grover sir is explained rightly.

preeti (Asst Manager)     09 February 2010

thnx  for the reply. we have heard tht section 9 can form ground for divorce which might be a thing tht her husband want and for which he might have filed this case. wht's your opinion in this.

Suchitra. S (Advocate)     09 February 2010

Yes, you are right, Preethi. S.9 gives a ground for divorce for men if wife doesnt budge fr RCR.

1 Like

preeti (Asst Manager)     09 February 2010

thnx suchitra.  she has filed her reply almost 1.5 years back. her reply simply refused all the allegations he made on her and her family and said she cannot join back his company since they frequently demand money. since then he has not filed any reply. wht could be the chances now. can now she file a reponse tht she is willing to join minus dowry. if keeping silence will go against her? her only concern is she doesn't want divorce.

Suchitra. S (Advocate)     09 February 2010

See, you have to understand the purpose of order of RCR. That is given by court when the husband is ready to accept his wife into his family. If the wife doesnt agree to go to her matrimonial home, doesnt that mean he has no other way left for husband to file a divorce petition? I feel during the period of RCR, she should hve gone to her husband's place and could have tried to solve the issues relating to dowry. After she filing a case under s. 498A, there are less chances for her to save her marriage. Everything is against her now.

preeti (Asst Manager)     09 February 2010

BUt don't you think tht he filed this case to use it against her. if she could have gone back and without dowry something had happened to her life then no one could do anything. its only under fear of her life she filed tht reply. court is still silent adn her husband also did not filed any reply. can she file any reply so tht this can be in her favour.

Sachin Bhatia (Advocate)     09 February 2010

S.9 gives a ground for divorce for opposite party if they doesnt budge fr RCR.

Suchitra. S (Advocate)     09 February 2010

Oh, do u mean, order for restitution were not issiued by court.? I am sorry. I thought restitution oreders were issued. If not, then, she has a fair chance of getting things her way now. Let her husband file reply. But when she has filed a case against her husband under s.498A, there are fewer chnace of them accepting her onto their family.

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