Divorce

Querist : Anonymous (Querist) 07 October 2010 This query is : Resolved
I was married in May 2009, since March 2010 wife residing seperately can i file divorce ( what is the period to file the divorce.).In March 2009 I also file sec.9 but she is not attending any date till now.

I also want to know that New divorce ammendment i.e. irr.breakdown of marriage has implemented or not, if not from when it will be applicable.

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Guna Shekaran R (Expert) 07 October 2010
How a restitution of conjugal rights petition can be filed by you before marriage in March 2009?

Amita Chaudhary (Expert) 07 October 2010
well keep on pursuing your section 9 petition. in any case you acnnot file for divorec once ur section 9 is pending... ask your wife is she ready to give you mutual divorcee..you two can go for mutual divorce..no the break down theary has still been not incorperated in the hindu marriage Act.

s.subramanian (Expert) 07 October 2010
I agree with Amita

Devajyoti Barman (Expert) 07 October 2010
The section 9 petition can indeed be converted to divorce if the wife in her written statement raises such wild and baseless allegation which causes cruelty to the husband.
No, that amendment is yet to come into effect.

Madan Gopal Dasaur (Expert) 07 October 2010
yes ,I agree

Srinath Kondapally (Expert) 11 October 2010
within one year from the date of marriage you can't file divorce petition, but U/S.9 of H.M.Act you can file RCR only, and now if you want to get divorce you can amend such sec.9 petition for said purpose.

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