Filing divorce after section 9 hma judgement

Sujay Sen (Querist) 13 January 2013 This query is : Resolved
Dear Sir,

3 years back I had filed RCR petition under section 9 of HMA against my wife. On September'12, the FT court gave judgement against me.

My petition: She wanted to make me ghar jamai. Unacceptable to me. After 1 year of marriage she finally left my home and didn't return even after my efforts to bring her back. Finding no other option I had filed section 9 against her.

Subsequently my wife had filed section 125 against me and bought mental torture and dowry case.

In the judgment, the learned court rejected my plea to get back my wife and justified her stand to stay at her home.

Query 1: Is it a judicial separation ordered by the court?

Query 2: Now, If I want to file divorce, am i have to wait 1 year from the date of judgement? or i can it be filed now since we are leaving separately from more than 3 years.

Query 3: Can i get relief under section 13 (1A)/ii if we fail to live together?

Please let me know.

With regards
Sujay

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Kiran Kumar (Expert) 13 January 2013
No the court has simply dismissed your S.9 petition.

its not a case of Judicial Separation as mentioned in S.10 of HMA, 1955

you can't take advantage of S. 13 (1A) at this stage

file divorce on other grounds as contained in S.13 of HMA, 1955.

Devajyoti Barman (Expert) 14 January 2013
1. No. you suit has simply been dismissed on merit.
2. You can file suit for divorce at any point of time after the dismissal decree on subsequent cause of action. ANother option is to challenge the decree before the high court.
3. If you make out grounds of divorce as described in section 13 then only you would get divorce. Mere staying separate is not a ground of divorce.