Regarding section 9 hmp

Querist : Anonymous (Querist) 15 May 2022 This query is : Resolved
I had filed for divorce in December 2015. Subsequently in 2016 my wife filed various cases against me including domestic violence, maintenance, 498a etc. She also filed section 9 for restitution of conjugal rights. In view of the cases filed against me, i do not want to live with her. Our relationship is beyond repair. We are living separately since 2016. My divorce case was closed ex parte as my lawyer didn't inform me of the dates and procedure. Can i file for divorce in the ongoing case under section 9? Or shall i file a fresh case? Please guide me how to stop her from coming back in my life. I am ready to pay higher amount of maintenance but she is not agreeing to it. She has told that she wants me to suffer by attending all cases

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A user filed for divorce in 2015, but their case was closed ex-parte. Their wife subsequently filed multiple cases, including domestic violence, maintenance, 498a, and a Section 9 petition for restitution of conjugal rights. The user wishes to proceed with a divorce, as the relationship is irreparable and they have been living separately since 2016. They are seeking advice on whether they can file for divorce within the ongoing Section 9 case or if a fresh case is required, and how to prevent their wife from returning to their life, even with increased maintenance.

kavksatyanarayana (Expert) 15 May 2022
You stated that your wife filed DV case and a Maintenance Case against you, then how did she file RCR? If she files RCR then the maintenance case question does not arise. Just a confusing query to me.

Dr J C Vashista (Expert) 16 May 2022
She can file any case, including a case u/s 9 HMA for restitution of her conjugal rights, there is no bar.

You have stated that your divorce case filed in December 2015 has been closed/ decided ex-parte, what is the need / necessity to file another case ? Confusing facts ?

You will have to seek services of a local prudent lawyer for proper appreciation of facts, professional advise and necessary contesting / proceeding / defence in all the cases stated herein above, if your statement / story is true.

KISHAN DUTT KALASKAR (Expert) 16 May 2022
Dear Sir,
You have to immediately get restore the Divorce petition which was dismissed for default if possible. Otherwise you may file new Divorce Petition and counter her application under Section 9 of HM Act.

P. Venu (Expert) 16 May 2022
What are he grounds on which you have sought divorce? What is the status of the 498A proceedings?

Pradipta Nath (Expert) 17 May 2022
If you are not willing to take back your wife, no court can force you restitute conjugal rights. Aside, don't blame your lawyer. It is your case, you should play a proactive role.

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