yogesh (will tell you later) 03 June 2010

HMA Query

My brother has filed the Application under section 9 of the Hindu Marriage Act-1955 for restitution of the conjugal rights and for relief as his wife has left the matrimonial house without reasonable cause in the Hon'ble District court of the city. The notice was issued to the respondents
His in-lwas contacted him on the telephone for further talk but acted very much violently at the residence of my brother and made an attempt to break of the almeria by forcibly take off all the valuables i.e ornaments and cash from his residence.They used very abusive language and harrass him and had also tried to defame him by calling his neighbors

Since the matter is pending in the district court of the city Can he file another petition under section 13 (b) of the HMA on the ground of the cruelty for seeking divorce ?

What type of the other reliefs he can seek from the courts of his jurisdiction?

What he should do so that such instance should not happen again?

Reply Follow

5 Replies

legaljoe68 (member) 03 June 2010

You cannot file application under section 13(b) . This can be filed with mutual conset for divource. You can resort to Section 13(A) but she will demand alimony. Do you want a settlement best way is out of court. How can somebody break almira in your house. it was u who invited them. Next time be careful arrange for such meetings at a distant place. U are inviting 498 A and DV if the wife is present at the scene . weakening ur case . Dont withdraw RCR . Take judgemnt in ur favour ,

nidhi kalia (lawyer) 03 June 2010

I DO AGREE WITH PRABHAKRAN

Manish Singh (Advocate) 03 June 2010

the said action by your in laws amounts to criminal tress pass and if you have witnesses,you can lodge complaint for criminal tress pass.

for Divorce, if you can prove that there was cruetly on the side of your wife during her stay with you, you can withdraw the Restitution and file a fresh case for divorce.