Whether the court can dismiss petition?

Querist : Anonymous (Querist) 14 July 2010 This query is : Resolved
Dear Sir,
I have filed the petition under section 9 of Hindu Marraige Act on the behalf of my brother in the Disrict Court against his wife for grant of decree for restitution of the conjugal rights as she has left the matrimonial house without any reasonable cause
The Court has issued summons and has fixed for the next date of hearing

If on the next date of hearing if his wife falselly alleges before the court that she is ready to come to matrimonial house

Please inform whether court can dismiss the petition merely on his statement?
If the petitioner(who is my brother) wants to pursue the matter whether court can provide him decree?
Regards

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Raj Kumar Makkad (Expert) 14 July 2010
If the opposite party admits your claim then what more you require?

Your brother wants restitution of conjugal rights and she is ready to perform her part of contract then your brother is not loser.

You should obtain the statement of respondent before the court. Court may dispose off the petition on the basis of statement of the respondent.

If the respondent admits then court shall not allow the petition to run unnecessarily.

Uma parameswaran (Expert) 14 July 2010
You can initiate legal action against the false statement if any make before the Court.

G. ARAVINTHAN (Expert) 20 July 2010
can withdraw the petition on next hearing date as the matter is settled out of Court and for the same you can file a memo

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