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A legal notice under section 9 of the Hindu Marriage Act asks a spouse who has left the other without any reasonable excuse, to return.
If you don't receive a reply to the legal notice regarding marriage problems under section 9, then the aggrieved party can approach the Court for restitution of conjugal rights.
One needs to follow a proper format to draft a legal notice under section 9 of the Hindu Marriage Act. The legal notice format regarding marriage problems will be discussed later in the article.
There are 2 scenarios when Decree of Restitution of Conjugal Rights doesn't apply:
However, there is another way out such as, if the decree of restitution of conjugal rights is not honoured for more than one year subsequent to the date of the decree, then it becomes a ground for divorce. In this case, the aggrieved party can then directly send divorce notice to another, with the help of a good divorce lawyer. Marriage divorce legal notice format to a woman sent by the Advocate of the husband follows a format that you can see here. Section 9 of the Hindu Marriage Act is a safeguard provided to the husband and the wife to use against wrongful desertion of another spouse.
In the Hindu Marriage Act, the Conjugal Right has been given high importance and significance and as such section 9 is being used as a protective mechanism against the breakdown of a marriage.
You can send the notice in either English or in any other Indian language which you speak and can understand.
Your lawyer carefully studies the information you have shared, then makes the relevant and required notes in the conversation with you.
He/She can seek any additional information from you to finish drafting the legal notice under section 9 of the Hindu Marriage Act.
The lawyer then drafts the notice in a legal language where:
The lawyer has to sign the notice along with the sender.
The modes to send a legal notice are via registered post, speed post or courier, and you should retain its acknowledgement.
The lawyer retains the copy of the said notice as well.
Let us now look into the Format of a legal notice under section 9 of the Hindu Marriage Act. It's easy to draft a Format of legal notice under section 9 of the Hindu Marriage Act, but one needs to maintain the legal precision as well. Such formats are also available online in pdf format.
There are several essential circumstances to fulfil for sending a legal notice under Section 9 of the Hindu Marriage Act which are totally different from the court marriage process. They are as follows:
After sending a legal notice under section 9 of the Hindu Marriage Act, if the parties fail to get the desired result, then they can approach an appropriate legal forum. Here they can then file a suit under Section 9 of the Hindu Marriage Act.
However, the said petition can get rejected if the following grounds are present such as:
According to the Law, the petitioner has the burden to prove that the respondent has left the petitioner without any reasonable ground.
If the petitioner is successfully able to prove this, then the burden shifts to the respondent. The respondent then needs to prove as to why he/she went away from the petitioner.
You need to file a suit under Section 9 of the Hindu Marriage Act before the District Judge, elaborating on:
The wife can claim maintenance from the husband under Section 25 of the Hindu Marriage Act. If either of the parties doesn't obey this decree under Section 25, then the court will attach the judgement on the debtor's properties.
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