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How to Send a Legal Notice under Section 9 of the Hindu Marriage Act?

In India, mostly among Hindus, marriage is considered as a sacred institution and as such the Hindu Marriage Act 1955, under which the Hindu marriage is governed, has given a remedy for restitution of a marriage. Read on to understand the Act and its disposition in better light.
Written by:
Antim Amlan
Published on
12-Sep-19

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:

  • It is highly pertinent to mention here that even if one party has obtained a Decree of Restitution of Conjugal Rights from Court, it becomes futile in the case where one of the partners is found to be impotent.
  • The Decree of Restitution of Conjugal Rights cannot be executed by forcing the opposite party who has refused to stay with the person who institutes Suit for Restitution of Conjugal Rights.

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. 

Steps to Draft a legal notice under section 9 of the Hindu Marriage Act 

  • At 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.

  • In your consulting session with the lawyer, you should explain all the relevant information in details along with:
    • Name of the parties
    • Address
    • Date of Marriage
    • Date of Separation
  • 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 reason behind sending the notice is clearly mentioned.
    • All previous communications regarding the cause of notice. 
    • To offer the addressee/opposite party a reasonable time. This takes usually 15 to 30 days to settle the matter through negotiation.
    • Depending on the grievance, lawyers stress on the need to take action in the stipulated time period, either to fulfil the demand or seek a reply.
  • 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.

Format of a legal notice under section 9 of Hindu Marriage Act

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.

 

 When to send a legal notice under Section 9 of the Hindu Marriage Act?

  There are several essential circumstances to fulfil for sending a legal notice under Section 9 of the Hindu Marriage Act. They are as follows:

  • Spouses should not be staying together in the same place.
  • One party must have withdrawn from the society of the other without giving any reasonable reason or excuse.

Reason for Rejection of the petition for Restitution of Conjugal Rights

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:

  • The petitioner of the suit admits that he/she has committed any matrimonial misconduct which is a ground for Divorce.
  • If the respondent of the suit is capable of claiming any matrimonial relief against the petitioner.
  • If action by petitioner creates an atmosphere beyond the level of toleration and makes it impossible for the respondent to stay with the petitioner.

The Burden of Proof under Section 9 of the Hindu Marriage Act

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.

Jurisdiction to file a suit under section 9 of the Hindu Marriage Act

You need to file a suit under Section 9 of the Hindu Marriage Act before the District Judge, elaborating on:

  • Where was the marriage of the husband & wife performed?
  • Where do the husband and wife stay together?
  • The place where the husband and wife last stayed together.

Provision for Maintenance during the pendency of a suit under Section 9 of the Hindu Marriage Act

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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External Links:

[1] Hindu Marriage Act - Sitemap of the Hindu Marriage Act, 1955 - An Act to amend and codify the law relating to marriage among Hindus.

[2] Section 9 - Sitemap of Restitution of Conjugal Rights under the Hindu Marriage Act, 1955