Legal Question in Family Law in India

Re: what is section 9

Its better you consult a lawyer personally with all the details.

Re: what is section 9

Conjugal rights are same for husband/wife. Either party may move court for restitution of its CR. If after getting the court order for RCR and still the parties do not restore the CR for one year, the applicant spouse is even entitled to divorce if he or she so desires.

Re: what is section 9

RCR is restitution of conjugal rights.Whenever any spouce withdraw herself from the society of the other without any reasonable cause and means then the other spouce can file the same against the other. There are some judgements in which it is decided that where there is a RCR there is no maintenance.It is also helpfull in 498-A case.If there is any grounds in which the spouce can file divorce, but instead of doing that he file an RCR then the ground will be condoned automatically.

Re: what is section 9

Section 9 of the Hindu Marriage Act entitles a husband to file a petition for restitute of conjugal rights; the non-execution of decree, if passed, by the wife will entitle the husband to seek divorce.

The provision was once even struck down by a High Court.

It is not advisable to resort to this remedy. instead, in the event of serious differences, one should better try for an amicable out of court settlement.

Re: what is section 9

Section 9 of the Hindu Marriage Act entitles a husband to file a petition for restitute of conjugal rights; the non-execution of decree, if passed, by the wife will entitle the husband to seek divorce.

The provision was once even struck down by a High Court.

It is not advisable to resort to this remedy. instead, in the event of serious differences, one should better try for an amicable out of court settlement.