Section 9 Legal Notice
LEGAL NOTICE FOR RESTITUTION OF CONJUGAL RIGHTS, HMA
Ref No: Dated : 30-08-2024
To,
Shalini Giri
D/O: Sudhanshu Giri,
R/O: NEW ASHOK NAGAR, GORWA, Vadodara, Industrial Estate, Gujarat, 390016
Subject – Legal Notice for Restitution of Conjugal Rights.
Dear Mam,
Having instructions from and on behalf of my client Mr. Surendra Giri S/O Vishnu Giri, R/O VPO. adampur Nigoh Barsathi Mariahu, Banaras – 222162. I do hereby serve you with the following legal notice:
1. This is to state that Mr. Surendra Giri is sending you a legal notice with combined request for the restitution of conjugal rights.
2. That you were married with my client about 5 years ago in 2018 according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties.
3. That after the marriage you and my client lived together as husband and wife and cohabited with each other at Goregaon, Khamgaon, Maharashtra, 444303 . Out of the said wedlock of my said client and you one son named Himanshu aged 8 years, One son named Ansh aged 12 years were born.
4. That my client has love and affection with you and he wants to live in a happy life and is ready to reconcile.
5. You have been living separately from your matrimonial home since last few months and also took children’s with you which is affecting you, your children’s and your husband.
6. That during the subsistence of the marriage, your behaviour towards my client was not well and you on the instigation of your mother, left the matrimonial home and had gone to your mother’s home taking the children with you, which has affected my client’s well being at large.
7. That you also have filed a report previously alleging that he gives more priority to work than his family and used to come home late from work.
8. Mam your husband is not well and this incident has affected him mentally and physically. He is desiring to meet his beloved wife and children. He is ready to re-establish and continue the ordinary course of matrimonial life.
9. That it is an obligatory duty upon you both legally and morally that you should live with your husband and perform the matrimonial obligation.
10. Mam, such situations are ordinary wear and tear of matrimonial life, so it is better to ignore these situations and not to be stubborn (both the husband and wife).
11. Mam, I request you on behalf of your husband and for the mutual benefit of both husband and wife and the children.
12. That, Currently your children’s studies are getting affected, which is not good for there future and which can have a greater impact on their lives and also which is affecting their Right of education.
13. Mam, as per the section 9 of the Hindu marriage act 1955, which mentions about the restitution of conjugal rights, if any of the spouse has left the society of the other , so the law provides an opportunity to re-establish the conjugal rights.
14. As you both took the oath before pious fire as mentioned in section 7 of the Hindu Marriage act. Mam, this shall be great opportunity for both of you and your children to meet again and forget the past and live happily thereafter.
15. If you wish to break the matrimonial ties with your husband, then you must clearly come forward with it.
16. If you fail to comply with the above said responsibilities which you have failed to do in the past, then the only option left with us is to take strict legal action against you.
Through this legal notice in a family matter, I hereby instruct you in your own interest to rejoin my client and perform your matrimonial obligations, for which he has the legal right and also rejoin my client in his house within 14 days otherwise my client has given me clear instructions to institute a suit for restitution of conjugal rights in the competent court of law, at your risks and costs. My client also asked me to inform you that if you do not perform your matrimonial obligations and do not reconcile, he will have a right to remarry after due process.
A copy of this notice has been preserved in my office for record and future course of action.
Through
Advocate
Address:
