AI Overview...
Section 9 and Section 13 HMA Maintainability
- Section 9 - Restitution of Conjugal Rights
- The provision allows a spouse to seek restitution of conjugal rights if the marriage has not been dissolved. Petitions under Section 9 can be filed by either spouse and are often contested, with courts examining the grounds for separation or refusal to cohabit. Several cases (e.g., IND_HC_HCBM040000952019, 02500108222) highlight the procedural aspects and the importance of maintaining the petition’s maintainability, especially when filed through authorized persons or after long separations.
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Notably, the courts have emphasized that applications filed after prolonged separation (e.g., 20 years in IND_HC_HCBM040000952019) may be deemed not maintainable, considering the delay and change in circumstances.
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Section 13 - Divorce
- Section 13 provides grounds for divorce, such as cruelty (Section 13(1)(ia)), desertion, or mutual consent (Section 13B). The cases (e.g., 01100080889, 02500108222, 01100059215, 01800022859, 01100066544) demonstrate the courts' approach to evaluating petitions under Section 13, including the grounds alleged and procedural correctness.
- The courts have upheld the maintainability of divorce petitions filed through authorized agents or representatives (e.g., through attorneys or fathers), provided procedural requirements are met.
- Section 13B, which deals with mutual consent divorce, is also discussed, with courts emphasizing that such petitions are maintainable and appealable under Section 28 of the HMA (e.g., 01100066544).
Main Points & Insights
- Maintainability of Petitions: Both Section 9 and Section 13 petitions are maintainable if filed correctly, even through authorized agents, but courts scrutinize delays, procedural lapses, and the factual grounds.
- Procedural Aspects: Proper filing, including through attorneys or representatives, is upheld in several judgments (e.g., 01800022859). Cases emphasize the importance of adhering to procedural rules under the Civil Procedure Code and Family Courts Act.
- Grounds for Divorce: Cruelty, desertion, and mutual consent are prominent grounds discussed, with courts assessing the evidence for each.
- Delay and Long Separation: Courts have sometimes found petitions not maintainable after significant delays, especially under Section 9, considering the change in circumstances.
Analysis and Conclusion
- Section 9 petitions for restitution of conjugal rights are maintainable but subject to procedural correctness and timely filing. Long delays may render such petitions non-maintainable.
- Section 13 petitions for divorce are generally maintainable and can be filed through authorized representatives, including attorneys or family members, provided procedural norms are followed. Grounds like cruelty and mutual consent are well-established bases.
- Both sections serve as vital legal remedies for spouses, with courts emphasizing procedural adherence and timely filing to ensure maintainability.
References: - Nitaben Dinesh Patel VS Dinesh Dahyabhai Patel - Supreme Court, Avneshwar Singh VS Monika - Delhi, SH. AVNESHWAR SINGH vs SMT.MONIKA - Delhi, 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, Himanshu Nagpal VS Palak - Himachal Pradesh, R @ R VS M. S. C. - Delhi, Anshu Malhotra VS Mukesh Malhotra - Delhi
Search Results for "Section 9 and Section 13 Hma Maintainable"
2021 8 Supreme 569 • India - Supreme Court
M.R.SHAH, A.S.BOPANNA
9 (Restitution of conjugal rights); Section 10(judicial separation); Sections 11 & 12(declaration of marriage between petitioner ... and respondent void) and Section 13 (divorce) – Respondent to proceedings can pray for aforesaid reliefs only by way of counter ... (Para 7) (B) Hindu Marriage Act, 1955 – Section 23A – Civil Procedure Code, 1908 – Order VI Rule 17 – Divorce ... It is submitted that under the HMA, 1955 the respondent can seek relief under Secti....
2024 0 Supreme(Del) 727 • India - Delhi
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
the provisions of Section 13(1)(ia) of the Hindu Marriage Act, 1955 and Section 9 of the Act. ... Fact of the Case: The appellant-husband filed for divorce under Section 13(1)(ia) of ... Family Courts Act - Divorce - Hindu Marriage Act, 1955 - Section 19, Section 28 - The court discussed ... One, preferred by the appellant-husband under Section 13-1(ia) of the Hindu Marriage Act, 1955 (HMA No. ....
2024 Supreme(Online)(DEL) 11013 • India - High Court of Delhi
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA, JJ
Section 13 (1)(ia) of the HMA No. 1417/2017) seeking divorce from husband wife and second, petition preferred by the respondent-wife under the provisions of Section 9 of the Act seeking Restitution of Conjugal Rights( HMA No. 1416/2017). ... Similarly, vide order of even date, the following Issues were framed in petition under Section 9 of the Act ( HMA No. 416/2017) preferred by the wife:- i. ... It is also relevant to note here....
• 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. ... Thus, according to the respondent, since March 1992, the applicant has been living separately from him and after a gap of 20-years she has filed an application u/s 125 Cr.P.C., which is not maintainable#HL....
2008 Supreme(Online)(KER) 47481 • India - High Court of Kerala
K.T.SANKARAN, J
The court found that all rights were fully settled per the Lok Adalat award and maintained that the execution petition was not maintainable ... Execution - Family Dispute - Family Courts Act - Sections Relating to Lok Adalath Awards and Maintenance Settlements - The court ... (HMA)No.479 of 2002, the joint petition filed under Section 13B of the Hindu Marriage Act was recorded and divorce was granted. 2. ... It was held that the Execution Petition is not maintainable. In the Memorandum of Civil Revisio....
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 ... The respondent filed a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. ... 13. On....
2021 0 Supreme(All) 219 • India - Allahabad
YOGENDRA KUMAR SRIVASTAVA
9 of the HMA and the respondent no.4 (wife) seeking a divorce by filing a petition under Section 13 of the HMA. – Guardians and Wards Act, 1890 – Hindu Minority and Guardianship Act, 1956 – Sections 2, 6, 9, 12, 13, 26 ... pending between the parties, in the form of an application filed by the petitioner no.2 seeking restitution of conjugal rights under Section ... 9 of the HMA and the respondent....
2018 0 Supreme(HP) 781 • India - Himachal Pradesh
SANDEEP SHARMA
Hindu Marriage Act - Dissolution of Marriage - S. 13B - Summary of Acts and Sections: S. 13B - The court discussed the provisions ... Ratio Decidendi: The court held that the petition filed through the appellant's father as his attorney was maintainable under ... Finding of the Court: The court found that the petition filed through the appellant's father as his attorney was maintainable ... The appellant has filed a divorce petition under Section 13(1)(a) of the Hindu Marriage Act, 1955, being #HL_ST....
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 ... Making such observ....
2020 0 Supreme(Del) 659 • India - Delhi
RAJIV SAHAI ENDLAW, ASHA MENON
, Shahdra District, of dissolution of marriage of the appellant with the respondent under Section 13B of the HMA. ... AND DISCUSSED BY THE COURT] Fact of the Case: The appeal under Section 28 of the Hindu Marriage Act, 1955 (HMA) read ... 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 Section 28 t....
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