section 9

Tarun Kalra LL.M, M.B.A (Querist) 22 July 2009 This query is : Resolved
is petition of section 9 of hma is maintanable from husband side, when the petition under section 125 crpc is alrready pending from the side of wife in the court. if yes then is it mandatory to metion the pending petition of 125 in the new petition of section 9 of hma? or to give any reference of pending petion of 125 crpc in new petition of section 9 hma?
plz solve

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n.k.sarin (Expert) 22 July 2009
In matrimonial matters it is mandatory to give reference of all the pending proceeding between the parties.

Kiran Kumar (Expert) 22 July 2009
well Tarun g, it can not be said it is compulsory.

but later on in her reply and then in evidence all the such pending proceedings will be proved by her.

better to take out a ground out of pendency of cases itself...

Swami Sadashiva Brahmendra Sar (Expert) 22 July 2009
Pendency of s 125 CrPC proceedings is not a bar on maintainability of s 9 HMA petition.So far disclosure of of fact of s 125 proceedings is concerned, though it can not be said to be "mandatory" but the equity always requires fair play and there should be no concealment of facts.