Section9 Hindu Marriage Act

my husband and my mother in law tourcher me.they wants dowry from my parents.my parents gave them money before two years now my parents is not giving them any money.thats why they touucher me daily .they call me mental and get out me from their house.i have two baby boy .what should i do know? plz helpme .iam very alone .my parents also not supporting me.

hellow deepa,

go to mahila thana/local thana/ngo's who see the interest of women alongwith your marriage prove alongwith your child. ask/claim maintenance under sec 125 of crpc and report here back. rcr & other actions will be latter on. first you arrange your food.

The remedy for you is to file an application under Section 12 of the Domestic Violence Act and in that you have to seek the following relief:

1. Maintenance for you and your two children.

2. Shared household in your husband's house.

3. Protection from your husband and his relatives for not torturing you and your children.

If you want the application has to be drafted, we can prepare it for you and if you are living in and around Delhi, you can utilize our services.

Prabhakar

(M)9958670740

The best remedy is what sugested by Mr Prabhakar.

Arup Sir,

The marriage took place in temple in front of 2 witness and then notice of marriage in court was done in front of Registrar of Marriage. The marriage did not take place in court.

Also, the Converts marriage dissolution act, does not provide for one sided divorce. My client's husband is not ready to part and girl wants to part at any cost. This is similar to Smriti Shinde case.

Dear, You can approaced the  Crime Against Women Cell ( CAW) and filed your compaint in writing , U can also filed the complaint  under Domestic Violence Act and under section 125 CrPC for maintenance for yourself and your children. definitely it will help you , if you can also approached the legal aid cell for free advocate

Subhash kumar, adv

ask the girl whether saptapadi (seven steps)/ mangal sutra etc taken at mandir or not; a guideline is there but i could not remember it, i shall let you know latter on.  two witness are from which side? are they  favour the girl ? Purohit of mandir is in which side? AS the notice only given by the marriage register office , it is no marriage because actual marriage before the marriage register alongwith two witness's signature not done. donot worry for that, but take caution about mandir marriage.

Converts marriage dissolution act,  provide for one sided divorce. it was introduced by britishers; but india govt not yet repealed it , that's why it is still enforceable.

talk with the girl more and try to find out whether mandir marriage is a mock marriage or not..

mock marriage means in the name of religious marriage, some other functions performed which is not recogonised by law. Law recogonised some religious activities only. find whether her mandir activities  are within the law. and not a mock marriage. if it is mock marriage then you may apply under the specific relief act. 

 if you are from delhi then may approach sc with the plea, as said by me about loopwholes in previous communication with you..

In response to Mr. Arup Gupta's advise:

How can a person approach to S.C. in the matter he is referring, directly without approaching the forums constituted under the statutes?  I hope experts think twice before giving such advice.

Gunjan,

In S9, the girl can tell about the illegal demands made and so she did not want to continue. If she is able to prove that statement and the court accepts it, then u/s 23A, she can get divorce as the alternative releif to the respondent. I shot, the girl has to prove cruelty.

Adv. Mr. Prabhakar,

"without approaching the forums constituted under the statutes?" - What forum constituted, by whom?, is Supreme court constituted any forum?

A person has always a right, to pray before the S.C., u/a 32,13,21, 14 &15, to challenge an act which violet, vires, unconstitutional.

Mr. Arup Kumar Gupta,

The forum means the family courts in the states, where they are constituted and in other States the courts designated as matrimonial courts presided by the judicial officers of ADJ and above.

There is no infringement of fundamental right and hence Article 32 is not applicable and the direct case to S.C. is not possible.

The vires and ultra-vires of the provisions of any statute can be challenged under Article 226 of the COI and hence S.C. direct the petitioner first to approach the H.C.

The vires of S.9 of the HMA has already been up-held by the S.C., when the matter came up from Gujarat High Court, where in it was declared ultra-vires. 

Mr. Prabhakar,

"  forum means the family courts " - it is ok. A family court can act under the law prescribed for it. Where an act is violating one's fundamental right, or is unconstutional, it will be tested (judged) by the S.C., under art.13 & 32 of The C.O.I. It is not the sec 9/HMA, alone, but sec 9,2,5,18, HMA read with sec 494,497 of IPC, encroached one's fundamental right of art 21 of C.O.I.

 there  is a scope of urguement under art 32, 13, 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.

Art 32  of C.O.I. is more powerfull  and fit place than art 226 for the purpose of challenging an act. Again I am saying that, not sec 9/HMA, alone encroach the fundamental right of art 21 but the combined effect of  sec 2,5,9,18 of the hindu marriage act  & sec 494,497 IPC; encrroached the personal liberty on marriage of a  hindu person on the ground of religion.

If a person is mohamedan  he is out of encroachment; whereas a non mohamedan is within the encroachment. NOT ART 226, BUT ART 32 IS MORE APPROPRIATE PLACE  FOR RAISING THE  MATTER. keep a deep watch on SMITA SINDE case , which recently admitted by S.C.- adv harish salve is the advocate.

why the girl immidiately n't filed for divorce and contest in s9 petition .if the court feels that it is not fit case to direct the girl conjugal life with boy automatically granted divorce this is a matrimonial matter the boy has bounden duty to mantain the girl in all these days and why the girl worried abot s9 proceedings pending and expected divorce. simple  one incident is sufficient to change the attitudes of the parties in my experience a an advocate i see miracles in the matrimonial matters that's why this the procedure .

I agree with Arup Kumar Gupta Sir, I also think that the girl has misunderstood  between the NOTICE AND THE REGISTRATION. IF it was only a 30 days Notice  it does not amount to registration, Kindly check it as suggested by Arup Kumar Gupta

Hi

I Want to know if i now file a divorce on grounds of 'irretrievable breakdown' or 'incompatibility'. after law is passed

and if my wife  or her family than file a fake case againest me and my family under 498a will it be applicable after the law is changed and will they now also harsh us or bargain us using the fake alligation