Apni Law Staff asked 2 years ago
As a Hindu, I got married 18 years ago. Due to irreconcilable differences, I moved out with my child to my brother’s home for a better future. My divorce case resulted in a court order to resume cohabitation (Section 9 of the Hindu Marriage Act). I couldn’t comply and now face the possibility of imprisonment and property seizure. What legal options do I have to defend myself, especially regarding the potential for imprisonment and property loss? Are there any Supreme Court rulings that support avoiding these consequences due to the circumstances of my case?
Best Answer
Apni Law Staff answered 2 years ago
Under Section 9 of the Hindu Marriage Act, non-compliance with a court order to resume cohabitation can lead to imprisonment or property seizure. You can defend yourself by arguing that your circumstances, including irreconcilable differences and a better future for your child, constitute “just cause” for refusing to comply. The Supreme Court has ruled in cases like **B.V.K. Sastry v. State of A.P.** (1975) that imprisonment should be a last resort and consider mitigating factors like genuine hardship and intent to reconcile.
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