MARRIAGE AND DIVORCE

*Compiled by : Chander Mohan, Advocate, Chandigarh*
*Mobile No.7814266184*

Hindu Marriage Act, 1955, S.9 - Petition by husband for restitution of conjugal rights - When the husband is found keeping another woman and leading a married life with her, though fact of marriage with that woman is not proved, but it is just and sufficient ground for wife to live apart and husband is not entitled to decree for restitution of conjugal rights.
1993 Civil Court Cases 483 (M.P.)

Hindu Marriage Act, 1955, S.9 - Petition by husband for restitution of conjugal rights - Wife residing at her father's place - Burden lies on wife to prove reasonable excuse for withdrawing from society of husband - Wife failed to discharge that burden - Petition is liable to be allowed.
1994(1) Civil Court Cases 77 (Gauhati)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - All earlier alleged acts of cruelty stand condoned.
2010(2) Civil Court Cases 360 (S.C.)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - Appeal by wife against decree passed in favour of husband - Wife under apprehension that in execution of decree she may not be forced to resume cohabitation - Marriage between parties not consummated though they lived together as husband and wife for 10 years - Parties are now aged about 60 years - Wife herself stated in her affidavit that marriage was not consummated because her husband is physically weak - No reason for wife to apprehend forced cohabitation after more than 23 years of their marriage - Appeal filed by wife dismissed.
2017(1) Civil Court Cases 239 (Delhi) (DB)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - Appellant cannot claim restitution of marital ties as he himself is guilty of causing cruelty.
2012(3) Civil Court Cases 262 (Delhi)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - Decree - Enforces cohabitation but it does not and cannot enforce sexual intercourse - Apprehension in the mind of wife that if decree is executed she will be forced to have cohabitation with her husband, is a mistaken fact.
2017(1) Civil Court Cases 239 (Delhi) (DB)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - Even if parties had not lived together as husband and wife after marriage, even then wife has every right to seek remedy of restitution of conjugal rights as legally wedded wife of appellant/husband by invoking provisions of S.9 of Act.
2015(4) Civil Court Cases 389 (P&H) (DB)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - Husband failed to prove that wife had voluntarily withdrawn from his society rather it was due to act and conduct of husband that she was forced to leave matrimonial home under painful circumstances - Petition u/s 9 of Act preferred by husband was a counter blast to the divorce petition filed by wife - Petition rightly dismissed.
2015(3) Civil Court Cases 793 (P&H) (DB)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - If the party who is seeking such a relief itself has created a situation for the other spouse to leave the matrimonial home, the matter needs a close scrutiny.
2013(3) Civil Court Cases 619 (A.P.) (DB)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - Medical examination of wife - Sought by husband for finding out whether she remained virgin - Application rejected by trial Court - Order upheld.
1999(3) Civil Court Cases 231 (Mad.)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - No serious dispute between the parties when wife left the house of husband - Husband and his family members subjected to criminal prosecution and their arrest - Wife threatened the husband to ruin his family - Held, Court wrongly decreed the petition for restitution of conjugal rights.
2009(2) Civil Court Cases 521 (Raj.) (DB)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - Petition by husband - Husband contended that wife withdrawn herself from his society without reasonable cause - Onus to proof lies upon husband - However, husband failed to discharge the same - Non-appearance of wife as a witness in support of her case would not be of any disadvantage to her particularly in view of fact of her parents having fully supported the case of wife, giving proper justification for her 'reasonable excuse' in withdrawing from the society of her Husband - Impugned decree of restitution of conjugal rights not proper and hereby set aside.
2017(Suppl.) Civil Court Cases 322 (Jharkhand) (DB)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - Petition by husband - Husband made genuine attempts so that wife joins his society but it is only on account of her adamant attitude, his attempts proved abortive - Wife also admitted that her husband sent notice requiring her to join him and to lead a happy marital life but she is not willing to stay with her husband - No interference warranted in the impugned order of allowing application of husband u/s 9 of Act - Application rightly allowed.
2015(3) Civil Court Cases 285 (A.P.) (DB)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - Petition by husband - Petition decided ex parte for non filing of reply by wife - Moreover, wife had herself deserted her husband without any reason and rhyme - Order allowing application, upheld.
2017(2) Civil Court Cases 494 (Rajasthan)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - Petition by husband - Petition filed as a counter blast to the petition u/s 125 Cr.P.C. filed by wife - Wife made averments that husband was not happy on the birth of the male handicapped child and that husband wanted to throw the child into the dustbin or that he should be brought up by the parents of the wife - Husband in his deposition did not utter a word to deny those averments - Husband not able to prove that he made any sincere efforts to fetch wife from her natal house - Petition dismissed - Order upheld.
2009(3) Civil Court Cases 232 (P&H)

Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - Petition by husband - Wife maltreated and turned out of house - No efforts made to bring her back - Wife is justified to live away from her husband - Petition dismissed.
2004(2) Civil Court Cases 116 (P&H)

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