Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Gunjan Malhotra (In search of job)     07 January 2010

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.



Learning

 34 Replies

Suchitra. S (Advocate)     08 January 2010

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.

1 Like

Arvind Singh Chauhan (advocate)     08 January 2010

Agree with Suchitra.

Gunjan Malhotra (In search of job)     08 January 2010

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?

ANZAR M.A. (Lawyer)     08 January 2010

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

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     08 January 2010

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.

Suchitra. S (Advocate)     08 January 2010

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  :)

manuraj (lawyer)     08 January 2010

 agree with anzar

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     08 January 2010

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.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     08 January 2010

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.

Gunjan Malhotra (In search of job)     08 January 2010

Thanks a lot Arup Sir, the Girl has not stayed with the husband.

They got married as per hindu norms and registered the marriage, now girl has cancelled the marriage registration on her part. They never stayed together, now boy filed sec 9 and not ready for separation. Girl wants to remarry now and second boy is aware of all facts.

What remedy can be sought?

subhash kumar (advocate)     08 January 2010

agree with anzar


(Guest)

The marriage is registered.  Hence, at the whims and facies of the girl, she cannot get divorce.  She can file divorce, but until and unless she carves out the ground as laid down in the statute, she cannot get divorce.  While resisting the RCR petition, file divorce petiton (actually it is difficult for her to find out the ground) and persue it.

Regarding the second boy, the course left for her  is to live in "live in relationship" with the boy.  It may be adeltourous and it will be a ground for the husband (first boy) to seek divorce on that ground and simultaneously, he may file a criminal case for aulterty against the second boy.  If the girl would like to take such risks, she may go for "live in relationship" .

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     08 January 2010

Once marriage is registered, it cannot be cancelled. Only divorce can bring an end of the marriage. The girl saying that girl has cancelled the marriage registration on her part - it is doubtful. Because marriage registration can not be cancelled. Might be that, the girl misunderstood something else. You check that whether the girl has the marriage registration certificate or not from a competent authority ie, the marriage registration certificate is issued either by a court or by a authorized marriage registration officer. She may be confused that, a notice for marriage registration is registered marriage. Notice for registration of a marriage is no marriage. when she performed her marriage two witness will be present there. was it so? please check her marriage certificate first. let me know it by next mail.

another thing, if she did not response/attend the rcr, then her husband will get ex party decision and as she also wants divorce, she will get it after the specific period is over as per sec 9 (rcr) of Hindu marriage act, and she will be eligible / entitled for divorce under sec 13 A of the Hindu marriage act. It will take more or less two years.

 

Therefore she needs not to change her religion. But if she already changed her religion to Christianity then she is entitled to obtain divorce under Converts' Marriage Dissolution Act,1866 Act No : 21. Sec 5 which runs thus :-

 

 

Section: When convert deserted by her husband may sue.

 5. When convert deserted by her husband may sue.-If a wife change her religion for Christianity, and if in consequence of such change her husband, for the space of six continuous months, desert or repudiate her, she may sue him for conjugal society. 

 

B.N.Rajamohamed (advocate / commissioner of oaths)     08 January 2010

Sir,

                       The girl has to wait till the decree of divorce is granted by the court. As you say the petition under section 9 is pending till it is disposed of and if there  is no cohabitation for one year from the date of order of restitution of conjugal rights there cannot be a remarriage by the girl.

                       The girl can file a petition under section 13 of the Hindu Marriage Act,1955 for divorce inspite of the pendency of section 9 pettion whicvhis filed by the husband.

 

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