How can I restore my rights under sec.9 of Hindu Marriage Act,1955?
Situation : I am working from Bhubaneswar and my wife was working from Puri. I used to visit Puri every weekend, even used to stay more time by putting some office work at Puri. My wife was staying at my maternal uncle( mama) place in Puri.
Her parents had visited Puri during the month of February 2018.
In the month of March, my wife without my knowledge applied for a transfer to Kolkata, her parental home.
She got the transfer and without my knowledge escaped to Kolkata along with our 18 month old son and has been threatening me that if I go to kolkata her brothers will hack me to death..
so the case needs to be filed under sec 107 of IPC wherenin her parents had come and the planning was done as how to escape without my knowlege, sec. 506 of IPCie, threatening to kill me and Sec.9 of Hindu Marriage Act, 1955.
It is both a civil as well as a criminal case? How to go about it
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You first appraoch the olice. then to any local lawyer and get the work done. If police donot co-operate then file private complaint.
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. ? 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. ?Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
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