Hindu Marriage Act

Querist : Anonymous (Querist) 16 November 2009 This query is : Resolved
Dear Sir,

Kindly clarify on these issues:

In a matrimonial proceedings a Hindu wife filed a petition for restitution of conjugal life but unfortunately her marriage was not registered. Whether under these circumstances the wife is entitled for a relief of restitution of conjugal life?

If possible, kindly provide me citations in this regard.

Thanks and regards......

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Devajyoti Barman (Expert) 17 November 2009
DEVAJYOTI BARMAN (M)9831174091
Advocate, High Court, Calcutta

Any matrimonial proceeding can be initiated either under Special Marriage Act or under Hindu Marriage Act.For a proceeding like suit for restitution of conjugal rights any of the spouses can safely file the said suit u/s 9 of Hindu Marriage Act even if the same is not registered provided the mandatory Hindu rites and rituals like Saptapadi are complied with.

Adinath@Avinash Patil (Expert) 17 November 2009
YRS SHE IS ENTITLE RELIEF U/S 9 OF HMA.

adv. rajeev ( rajoo ) (Expert) 17 November 2009
Non registration of the marriage is not a big question.
If the husband has denied the marriage then burden lies on the wife to prove her marriage by leading the evidences of the elders of the society who were present at the time of marrige ceremony and also proving the rites and customs of the marriage.

Raj Kumar Makkad (Expert) 17 November 2009
Non registration of the marriage is not ground to disentitle a Hindu wife to file a petition under section 9 of Hindu Marriage Act seeking restitution of conjugal rights (not life, as you wrote twice in your quarry).

Anish goyal (Expert) 17 November 2009
Non registration doesn't effect validity of marriage. What is required is proper ceremonies

Querist : Anonymous (Querist) 17 November 2009
Dear Experts,

Thanks for your valuable and timely responses .

Sachin Bhatia (Expert) 22 November 2009
Yes she can file a petition for restitution of conjugal even if her marriage is not registered.

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