Sec9 hma by wife...need urgent help

she has rights to share your flats, and also you must give maintenance to wife and baby, if wife is working not give to her, if you not willing to live with her, then you file seperate petition to the court.

Dear Sir,

Your wife has right in the property. You have to give the maintainance if she is not working. File seperate suit if you dont want to stay with her.

Sincerely,

Adv. Reeti Shah

IN RCR even by chance your wife gets an favorable order, nothink can be none, because until unless both husband and wife aggree only , then they can live to gethere, it is one of the useless section.

so nothing to worry about it, just concentrate on other cases which she had filed,

regarding share of property is other civil case, like partition suit and so on.

regards

satish

thanku all. but one more query ..can court pass an order that i have to vacate that flat and she will live in that flat, as currently she is living with her sister and brother-in-law

RCR decree cannot force you to live with her.

You may be asked to provide separate accomodation to her.

can court pass an order that i have to vacate that flat and she will live in that flat, ....................NO.SHE WILL LIVE WITH YOU IN CONJUGANAL RIGHTS.REGARDS

can court pass an order that i have to vacate that flat and she will live in that flat, ....................NO.SHE WILL LIVE WITH YOU IN CONJUGANAL RIGHTS.REGARDS

It is a lengthy procedure even if order is passed you can go for revision.

You have not mentioned  your grounds for which you refuse to live with her , how ever  you may not be  asked  to vacate the premises   court may direct you  to  provide another  suitable residence  or   the court  can  direct you to  seek  any other  residence ,

 or  may  order partition of the property but it  can  be  done by civil court only in an appropriate  proceedings and  not by   matrimonial  court  because  such a  relief  is not  availble under hindu marriage  act ,  it is needless to  mention that  the court can order restitution  of  conjugal rights   if you  fail to  prove just   cause  for  your  refusal to stay  with her , remeber that   ordering  restitution of conjugal rights  is  one thing   and making an order                     to  stay in same  house  are  two  defferent  concepts ,

  i  may  mention   here  that  se 9  is not  useless it is  recognition of  legal rights  flowing  from  marriage tie  and the  cosequences of  diobidience  of the  courts  order is  punishable, according to law  , it is  submitted   that   prolonging  litigastion  by  filing  appeals  revisions  is  no  answer to    substantial legal rights 

ok thanku mr. pandya for your valuable suggestion.

Denying execution of RCR granted against you is not punishable.

Nobody can force a person to live with somebody.

 it is punishable civily  as well as criminaly in the  sence that  defying  a  legal order by a competent sourt   would  also be punishable u/s 188 of  the IPC. 

more over such   order  can be enforced  in execution by praying to order the respondet to suffer  civil jail 

It is punishable by attachment of your property.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com