• How to respond to petition filed under HMA u/s 9

This matter is about my sister who's husband filed this petition. Now he's not willing to come to our home for taking back my sister. He's asking us to drop her to his home. Now what should we do to keep our side safe. What proof should we keep that we have sent our sister to his place? What should be matter of affidavit? Where can this affidavit be made, at our jurisdiction or his?
Asked 7 years ago in Family Law
Religion: Hindu

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20 Answers

You can go to drop your sister at her matrimonial home and can also record the occurrence of the same on your mobile phone  in the form of videos and pictures as evidence to show that you had dropped your sister at the said date.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You need to get in touch with an Advocate, to get the counter affidavit prepared and drafted in the section 9 proceedings instituted by your sister's husband. 

In this reply/counter affidavit, you must deny all the false and frivolous allegations of your sister's husband. Through this affidavit, your sister must demonstrate that she left the company of her husband for justifiable reasons. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Marriage survives on mutual trust and faith and no amount of paper work can ensure this.

So as your sister what does she want and what does she believe.

If she is willing and she wants to live with her husband then let her go. Do not insist on any written undertaking as the same may corrode her trust on your sister.

He is her husband and not a goon and hence her physical safety is unlikely to be endangered unless he has a violent past.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

send email to husband that your sister will be reaching home on X date and that you would be accompanying her 

 

2) also send whats app to husband regarding the same 

 

3) no need for any affidavit 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

on next date  your sister should  appear in court 

 

2) mention that she has returned to her matrimonial home 

 

3) petition would be dismissed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If your sister does not want to return to her husband then she can engage an advocate and file her written statement in court expressing her such desire.

For this personal attendance of your sister in court is not required. 

She can sign vakalatnama and WS at her home or at office of her advocate.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Along with your reply/counter affidavit, also move an application for dismissal of the case. Object to the maintainability of the case . engage an experienced advocate to represent your sister in this case.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If your sister husband file a case of restitution of conjugal right against your sister And your sister are ready to go then he can not deny the same. If he deny it means he is misusing the the process of law.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The partition cannot be get cancelled it is the court to decide in favour of any party

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

See affidavit can be made at any place on stamp paper at there or yours and can be signed by both of husband wife and family and can be notarized. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See if compromise is there on record and wife goes back them the  husband can withdraw on account of settlement.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Where has he filed the section 9 case? 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Share the copy of the case so that we can tell you as to what reply has to be tendered.

Mention in the reply that she has moved out of the house for a reason that she was harassed and has not moved out without any reason. 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since he has already filed a petition before court seeking restitution of conjugal rights, she may appear before court and express her willingness to rejoin provided he gives an assurance before court that he may not harm her in the future and will take care of her properly without any problem.

There is no affidavit required to be filed before court except for an assurance by her husband , may be in writing too.

Take the assistance of an advocate in the local to close this matter amicably

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

On a compromise arrived between parties, he may withdraw the petition, before that the procedure as mentioned in my previous may be followed for smooth settlement

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

You get advance the case to earlier date and surrender your sister before the judge.  The judge will pass order handing over your sister to her husband with condition to safe guard her person and property.  Thus it will be on record to take action against the husband if any untoward incident took place against her.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

hello

      an application u/s 9 is an application by either of the 2 spouses that the other has abandoned the family home and should come to his/her home if there are no valid reasons for the same. you should reply to this application in the court through a lawyer and if there is a reason for your sister to leave the home to explain it to the court. if the court finds the reason to be reasonable it will order accordingly. in case you want to return your sister then also file a reply and then proceed ahead.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Since he has filed the petition your sister should file her reply and deny the allegations before deciding to go back. Thereafter, tell him to withdraw the petition.

2. Any affidavit of the nature that you have conceived will have no legal value.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If you have appeared in court file a affidavit that your sister is returning to her Matrimonial house. If your sister doesn't wants to go then contest the same in court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You dont need to send your sister back right now.  Since the matter is in Court and you have received the summons to appear, use it to your advantage.  On the next date of hearing, your sister should appear before the Court and agree to live with subject to few of her conditions being met.  Record the terms of settlement and have the Court pass an order on the lines of your terms or agree to stay together for a trial period. 

 

I would advise you to not to try to settle the matter outside Court.  It should not happen that in faith your sister does not attend the Court and her husband, taking advantage of the same, obtains ex-parte orders and uses the same to harass your sister in the future.   

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

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