Section 9 Hma

At most after obtaining decree if wife refuses to come back you can file for divorce later.
Section 9 hma. Under section 9 hma even if any order is passed against you court can not force you to stay with him. 3 file for divorce on grounds of mental cruelty. You must present your case by saying that he compelled you to leave house.
Under section 9 of hindu marriage act restitution of conjugal rights is permitted. If court orders that you stay with your husband and still you don t then it may be a ground for divorce but still court can not force you to stay with husband. If husband has sent you the notice that means he is calling you back in the matrimonial house.
Section 9 of the hindu marriage act encompasses the provision for the restitution of conjugal rights according to which if either of the spouses withdraws themselves from the society of the other without reasonable excuse the other party which is aggrieved has a legal right of filing a petition demanding for the restitution of conjugal rights. 9 restitution of conjugal rights. 7 when either the husband or the wife has without reasonable excuse withdrawn from the society of the other the aggrieved party may apply by petition to the district court for restitution of conjugal rights and the court on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted may decree restitution of conjugal rights accordingly.
If your daughter does not contest the section 9 case then the court will pass an ex parte decree in his favour as a consequence of which your daughter will lose her right to claim maintenance. If you are in requirement of the same you can contact us using contact me page. Refusal to have sex amounts to mental cruelty.
After solemnisation of marriage under the act if one of the spouse abandons the other without reasonable excuse the aggrieved party has a legal right under section 9 of the hindu marriage act 1955 to file a petition in the matrimonial court for restitution of conjugal rights. 9 restitution of conjugal rights. Section 9 of the hindu marriage act 1955 reads as follows.
It is upto you whether you would like to join him or not. When either the husband or the wife has without reasonable excuse withdrawn from the society of the other the aggrieved party may apply by petition to the district court for restitution of conjugal rights and the court on being satisfied of the truth of the statements made in such petition and that there is no legal.