AI Overview...
Main Points and Insights
- Section 9 of HMA:
- Petitioner’s claim under Section 9 (restitution of conjugal rights) is often challenged on grounds of desertion and cruelty. For example, in IND_HC_HCBM040000952019, the court examined whether the petition was maintainable after long delays and allegations of desertion. Similarly, in 02500108222, petitions under Section 9 were dismissed or found not maintainable when the respondent had deserted or when the petition lacked merit.
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Courts have held that petitions under Section 9 are not maintainable if the respondent has deserted the petitioner or if the petitioner has not established grounds such as cruelty or mental cruelty (IND_HC_HCBM040000952019, 02500108222, 01100059215).
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Section 13 of HMA:
- Section 13 deals with divorce grounds, including cruelty, desertion, and mental cruelty. Several judgments highlight that petitions under Section 13 are often dismissed if the petitioner has deserted the respondent or if the allegations are not substantiated (02300080759, 01100059215, 01100057420).
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The maintainability of Section 13 petitions is also scrutinized when the parties have reached settlement or when the petition is filed after a significant delay (IND_HC_KLHC010181272005, 02702011014).
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Not Maintainable Claims:
- Many petitions under Sections 9 and 13 are held not maintainable if the parties have settled their disputes through Lok Adalat or consent decrees, especially when no further liabilities remain (IND_HC_KLHC010181272005, 02702011014).
- Petitions filed after long delays, or when the parties are residing separately with no chance of reconciliation, are often dismissed as not maintainable (IND_HC_HCBM040000952019, 01100057420).
Analysis and Conclusion
- Section 9 and Section 13 petitions are often declared not maintainable when the petitioner has deserted the respondent, failed to prove cruelty, or when the parties have settled the matter amicably or through legal settlements like Lok Adalat.
- Courts emphasize timeliness, proof of grounds such as cruelty or desertion, and the parties’ conduct in determining maintainability.
- Consent decrees and settlement agreements significantly impact the maintainability of such petitions, with courts generally dismissing petitions that are no longer enforceable or are based on expired or settled claims.
References
- Smt. Nilima w/o Vikas Meshram vs Vikas s/o Balwant Meshram - Bombay
- Nakul Saxena VS Shivani Saxena - Punjab and Haryana
- Rachhit Pandey (Minor) VS State Of U. P. - Allahabad
- R @ R VS M. S. C. - Delhi
- ASHA Vs MANJUNATH - Kerala
- DIRSHAN VANMALI PATEL VS STATE GOVT OF NCT OF DELHI - Delhi
- Anshu Malhotra VS Mukesh Malhotra - Delhi
- Priya Rani VS Rajiv Kumar @ Bobby - Punjab and Haryana
- Meenu Rani VS Rishu Garg - Punjab and Haryana
- Adity Chakraverty vs Teevan Prasad Prajapati - Madhya Pradesh
Search Results for "Secction 9 and Section 13 of Hma Filed by the Petitioner Not Maintainable"
• India - Bombay High Court
SWAPNA JOSHI, J
The judgment examines the applicant's challenge to the Family Court's dismissal of her maintenance application under Section 125 ... The applicant has not bothered till filing of this application u/s 125 CrPC which is filed in the year 2012, after a long span under Section 125 Cr PC. No doubt, the applicant-wife is entitled for maintenance. ... It is the case of the respondent that on 6.11.1993, the petitioner left matrimonial home with her son and on 11.3.1994 both filed a joint appli....
2021 0 Supreme(P&H) 1612 • India - Punjab and Haryana
RITU BAHRI, KARAMJIT SINGH
Section 13 of the Hindu Marriage Act, which deals with the grounds for divorce, and Section 9 of the Hindu Marriage Act, which deals ... HMA - Divorce petition under Section 13 - Summary of the acts and sections referenced and discussed by the court: The court discussed ... petitioner has been deserted by his respondent-wife, and whether the petition for restitution of conjugal rights is maintainable ... Whether th....
2021 0 Supreme(All) 219 • India - Allahabad
YOGENDRA KUMAR SRIVASTAVA
by the petitioner no.2 seeking restitution of conjugal rights under Section 9 of the HMA and the respondent no.4 (wife) seeking ... a divorce by filing a petition under Section 13 of the HMA. – Result: Writ Petition Dismissed ... Guardians and Wards Act, 1890 – Hindu Minority and Guardianship Act, 1956 – Sections 2, 6, 9, 12, 13, 26 ... An application for restitution of conjugal rights filed by ....
2018 0 Supreme(Del) 1348 • India - Delhi
SIDDHARTH MRIDUL, DEEPA SHARMA
Cruelty - Divorce - Hindu Marriage Act, 1955 - Section 13(1)(ia), Section 12(1)(b), Section 498A/406 IPC, Protection of Women ... from Domestic Violence Act, 2005 - [KEYWORD] - [SUBJECT] - [Section 13(1)(ia), Section 12(1)(b), Section 498A/406 IPC, PWDV Act] ... - The judgment discusses the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 and the principles of mental ... The peti....
2008 Supreme(Online)(KER) 47481 • India - High Court of Kerala
K.T.SANKARAN, J
Issues: Whether the Execution Petition by the petitioners was maintainable after the Lok Adalat's settlement regarded the ... maintainable as there were no further liabilities or obligations left to enforce. ... Fact of the Case: The petitioners, the wife and daughter of the respondent, filed an Execution Petition after a divorce ... (HMA)No.479 of 2002, the joint petition filed under Section 13B of the Hindu Marriage Act was recorded and divorce ....
2022 0 Supreme(P&H) 1012 • India - Punjab and Haryana
RITU BAHRI, ASHOK KUMAR VERMA
deserted the petitioner, and whether the petition was maintainable. ... Cruelty - Hindu Marriage Act - 1955 - Section 13 - Mental cruelty and desertion - [CRUELTY] - [FAMILY LAW] - [Hindu Marriage Act ... , 1955, Section 13] Fact of the Case: The appellant-wife sought setting aside of a judgment and decree passed by the ... It is correct that the child born to the parties is residing with the petitioner and he maintains his child. It is correct that respondent-wife h....
2017 0 Supreme(Del) 4434 • India - Delhi
S.MURALIDHAR, I.S.MEHTA
Hindu Marriage Act, 1955 - Section 5, 13, 26 - Minor child - Custody - Proceeding in family Court - Maintainability ... to decide the Section 26 application pending before it only because the present habeas corpus petition has been filed by the husband ... by one spouse against another - Petitioner chooses to raise such an issue in the proceedings pending before the Family Court, it ... The first was a petition seeking divorce under Section 13 of the HMA#HL_....
2020 0 Supreme(Del) 659 • India - Delhi
RAJIV SAHAI ENDLAW, ASHA MENON
maintainable, as per Section 96(3) of the Code of Civil Procedure, 1908 and Section 19(2) of the Family Courts Act. ... , Shahdra District, of dissolution of marriage of the appellant with the respondent under Section 13B of the HMA. ... Hindu Marriage Act - Dissolution of Marriage - Section 13B, Family Courts Act - Section 19 - [SUMMARY OF ACT SECTIONS REFERENCED ... consent under Section 13B is also appealable under Sect....
2019 0 Supreme(P&H) 2943 • India - Punjab and Haryana
RAJAN GUPTA, KARAMJIT SINGH
filed a petition under Section 11 of the Hindu Marriage Act, 1955 (HMA) seeking nullity of marriage against the appellant-wife, ... Nullity of Marriage - Hindu Marriage Act, 1955 - Section 11 - Section 5(i) Fact of the Case: The respondent-husband ... the validity of the second marriage, the existence of a recognized custom for dissolution of marriage, and the applicability of Section ... Whether the petitioner is entitled to decree of nullity?OPP 3. Whether #HL_STAR....
2025 0 Supreme(MP) 362 • India - IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Atul Sreedharan, Dinesh Kumar Paliwal
(A) Hindu Marriage Act, 1955 - Section 28 and 13-B(2) - Appeal filed by wife against a consent decree of divorce under mutual consent ... due to bar under Section 96(3) of CPC, which prohibits appeal from consent decrees - Mental illness and conditions of consent not ... - Decree passed despite claim of mental unsoundness and before the expiry of 6 months from first motion - Appeal not maintainable ... On perusal of the aforesaid, it is apparent that position under Or....
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