Conversion from sec 9/12/13 to sec 13b
mrgop
(Querist) 27 April 2012
This query is : Resolved
This is a request for further clarification on the query & answer quoted from another post by Mr.Amit.
"suppose :
sec. 9 / 10 / 12 / something u/s 13 is filed in court by husband / wife.
At a later stage,
can these petitions be converted to sec. 13 B; without withdrawing the original petition ?
or
is it a must to withdraw the previous petition & file a fresh sec. 13 B petition ?"
The experts agree on the point that petitions filed under sections 9/12/13 can be amended/converted to sec 13B without withdrawing the original petition.
Suppose:
Wife filed annulment petition under sec 12 on husband's impotency, and at later stage it is converted to sec 13B on mutual consent. Then on second motion wife withdraws consent/not appearing in court in subsequent dates.
Now, can husband reopen the original petition under sec12 filed by wife?
Or will it be automatically restored to last stage once the 13B get dismissed due to withdrawal of her consent?
Devajyoti Barman
(Expert) 27 April 2012
Yes it would revert back to the original position.
Anyway do not post hypothetical question.
If you have any problem in hand then only appear here.
mrgop
(Querist) 27 April 2012
This is not hypothetical question. I'm contesting the petition filed under sec 12 by wife, and now she press for conversion to 13B. So, I want to know the consequences of the same.
Raj Kumar Makkad
(Expert) 28 April 2012
The consequences shall follow as discussed in detail in the original thread. Please refer to those replies.
Devajyoti Barman
(Expert) 28 April 2012
If not hypothetical then why have stated 'suppose' so many times?
Shonee Kapoor
(Expert) 04 May 2012
No husband can not open that case again.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 04 May 2012
when converting to 13b, it is always after 6 months period, so on same date judgement & decree is possible, and done. No question to go back . Divorce is allowed same day both file / amend to 13b
