Response

*)Sending notice under section 9 of Hindu Marriage means that you are willing and ready to keep your wife with you and ready to forgive all her faults and blunders. But that does not mean that you should file the case of restitution of conjugal rights under section 9 of Hindu Marriage Act because if it comes out from the behaviour of the wife after sending the said notice that he is causing more cruelty or the restitution not feasible/possible, the case can be filed of divorce directly. As you have received notice section 9 from your husband . appear in court on the date mentioned on notice through your advocate and revert there as a said during that time you were staying with your husband.You can file a criminal case against your husband and in laws under the domestic violence act, stating that they are not allowing you to stay.

*) 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.

Reference: The Protection of Women from Domestic Violence Act, 2005

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LAWAYZ-2023-87