Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ankit Patel (businessman)     23 September 2016

Acceptance of sec 9 due to non acceptace of sec 13

Dear sir,
I filed divorce on the basis of cruelty after 1 month my wife also filled that for dowry i am leaving her and made many physical n mental allegation n she want to stay with me, till she had not received my petition. in final verdict divorce was cancelled.
while in decision honourable court only comment on only sec 13 n rejected my points that i could not proved cruelty and  didn't comment much on sec 9 while she had not produced any proof n witness and even i produced a witness who also stated that against her money allegation and in spite passed order for restitution.
after an application by our lawyer  both case were merged and court also passed a common judgment for 9 n 13.  
sir my question is:-
1.  sec 9 is automatically accepted if sec 13 not proved.
2. Now high court lawyer is saying that court should have given verdict on 9 n 13 separately and suggesting that file 2 petition for sec 9 n sec 13. is it correct ?

 



Learning

 3 Replies

Ankit Patel (businessman)     23 September 2016

Sachin (N.A)     23 September 2016

No, rejection of divorce is not approval of RCR 

sai narayana   23 September 2016

In your case what happened was you filed divorce and your wife filed RCR in the same court. So the court deemed to be clubbed it and so issued RCR.

So there is no use of arguing it and what the best you can do is go for appeal in high court if you think you have valid grounds.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register