How To Reply To Section 9 of HMA Notice?

My friend got section 9 notice from her husband. How to reply to this?

Answers (2)

Saachi Khurana

Saachi Khurana

  • Sector-1, Noida

Under section 9 of hindu marriage act restitution of conjugal rights is permitted. If husband has sent you the notice that means he is calling you back in the matrimonial house. It is upto you whether you would like to join him or not. If you do not wish to continue with the husband, divorce is the only way because without any valid reason you have no right to stay away from matrimonial house and the husband will file these petitions to call you back. If you are suffering mental or physical cruelty, lodge a police complaint or file for a petition under domestic violence act which also grants for compensation, interim maintenance and separate residence at the expense of the husband.

Answered on 23 Mar 2020


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Shagun Srivastava

Shagun Srivastava

  • Sector-1, Noida

First, contact a Divorce lawyer who has good drafting skills and technical know-how in the field of Matrimonial Disputes. The lawyer should know how to write a legal notice under section 9 of the Hindu Marriage Act. He/She should be aware of the format of the legal notice under this. Discuss the whole scenario with a lawyer and inform him/her of the incidents with your spouse. Like the date of marriage and the date when he/she has left you. You can send the notice in either English or in any other Indian language which you speak and can understand.

Answered on 23 Mar 2020


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