Section9 Hindu Marriage Act


What is the remedy if a case under section 9 of Hindu marriage act is pending, and girl wants to remarry?

Boy is not ready to divorce and only section 9 is filed by him, now he is stretching the case and not ready to leave the girl.

 
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Advocate

Remedy for a wife to get remarried, is divorce only.  Under s.9, court will order the girl to go to her matrimonial home and stay with husband. S.9 delays the application and procedure of divorce. Girl cannot remarry till she gets divorce.


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advocate

Agree with Suchitra.

 
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Thanks Suchitra and Arvind, but this is the remedy is not possible, what will  be the legal loopholes to this.?

if girl changes her religion to christianity, is the marriage by hindu rituals still valid?

 
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Lawyer

you have only remdy  if you have  file divorce petition  against boy . the girls has legaly no right to remarry without legally finished present marriage

 
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first marriage valid; second marriage invalid-bigamy - attracts sec 18 of Hindu Marriage Aci and sec 494 of indian penal code

"what will  be the legal loopholes to this.?" - ans. of yr questions are the following :-

convertion in other religion is personlal liberty under art 21 of the constitution of india,  it is also told in hindu marriage act that, christians are out of the attraction of this act. but the present stand of the court is , even in case of conversion, thoug the person is out of attraction but  the person can not avoid it's matriminial responsibility. see sec 2, 5 & 18 of HMA; & also see 494 of IPC.

but there is a scope of urguement under art 32,21,14,15 of the constitution of india read with (i) sec 2,5,18 of the hindu marriage act (ii) sarala mudgal case. (iii) sec 494 of IPC. one may go to supreme court on the plea that his/her fundamental right is effected by this encroachment of law and some other rullings..if any one goes, may pl contact me, i shall equipped him with more details.

 
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Advocate

No, Gunjan, changing religion is not the solution to get rid of first marriage. Unfortunately the one and only option left legally is to get divorce from the first marriage though it takes considerable amount of time in some cases  :)

 
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 agree with anzar

 
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YOUR CASE REMINDS & RECALL THE CASE OF SMRITI SINDE CASE., WHERE PETITION WAS SIGNED BY BOTH THE SPOUSES FOR MUTUAL DIVORCE BUT AFTER SOMETIME THE HUSBAND WITHDRAW HIMSELF FROM THE MUTUAL DIVORCE. RECENTLY SMRITI PLEADED AT SUPREME COURT THAT ONE CON NOT BE COMPAILED TO BRING HER HUSBAND'S SIGNATURE FOR MUTUAL DIVORCE,SIMULTENIOUSLY SHE CAN NOT BE COMPAILED TO GO ON CONJUGAL LIFE. THEREFORE HER FUNDAMENTAL RIGHTS ARE VIOLETED.SUPREME COURT ACCEPTED THE CASE AND NOTICE ISSUED TO GOVT. OF INDIA. - THE CASE IS INTERESTING, KEEP WATCH ON IT. YOU MAY ALSO BRING A SIMILAR CASE.

 
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you must be catious about the rcr petition. it is a very powerful law. therefore please donot avoid/ neglect it. oppose the rcr.advice her always attend the court either in person, or by advocate. tell clearly  to the court how she tourcherd in her matrimonial home refuse to go to matrimonial home on that ground. claim for maintenace. when the husband will be in pressure by legal attack, he might be ready for the mutual divorce.

 
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