Conversion of section 9 into section 13 at same stage

Querist : Anonymous (Querist) 11 December 2021 This query is : Resolved
Hello Friends,
Is it possible that section 9 will convert in to section 13 because if i will withdraw section 9 and file section 13 it will be time consuming, please suggest.

Thanks in advance.

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Quick Summary

This discussion explores whether a Section 9 petition (restitution of conjugal rights) can be converted into a Section 13 petition (divorce). While some suggest it's not directly possible as the aims are opposite, others indicate it might be feasible if a restitution decree is ignored. The general consensus is that a Section 9 cannot be directly converted into a divorce petition, and filing a new Section 13 might be necessary.

Dr J C Vashista (Expert) 13 December 2021
Which Act is to be presumed / applied for applicability of section 9 and 13 ?

SHIRISH PAWAR, 7738990900 (Expert) 13 December 2021
Hello,

You can convert the section 9 petition to the section 13 petition.

Message likes : 1 times

kavksatyanarayana (Expert) 14 December 2021
In my opinion, pending section 9 cannot be converted into a divorce petition. when a person can convert the section 9 application into divorce when he/she got a decree of Restitution of Conjugal Rights and despite the same, he/she is not obeying it at that time it can be a ground for divorce.

Advocate Bhartesh goyal (Expert) 16 December 2021
No , petition u/sec 9 of HMA can not be converted into sec 13 of Act as both the provisions are contrary to each other,in sec 9 relief for restitution of conjugal right is sought whereas in sec 13 divorce petition is filed so can't convert .

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