Civil Procedure Code (CPC)

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Section 9 HMA

(Querist) 25 September 2009 This query is : Resolved 
Can a husband file a case for divorce if he has already filed case u/s 9 of HMA. What are the possible ways of taking divorce in this case.riven
adv. rajeev ( rajoo ) (Expert) 25 September 2009
Dear Geetika,
Yes Husband can file a divorce petition.riven
Sarvesh Kumar Sharma Advocate (Expert) 25 September 2009
geetika ji,
offcourse yes,
and the end of sec. 9 if she is unable to mantain conjugal right then sec.9 is also gose to the limit of sec.13.
that's wy some time sec.9&13 filed togather.
so u can file the case of sec.13 with this graund that if she is unable to mantain con.right the divorce is the only option.
Binod Kumar Mishra (Expert) 25 September 2009
Dear Gitikajee,

i think Sarvesh jee has clarified all doubts. you may proceed like that. since no more further comments required on the selected topics.
Adinath@Avinash Patil (Expert) 25 September 2009
yes there is no bar to file petion by husband u/s 13 of HMA when husband' petition is pending u/s 9 oF HMA.
Sachin Bhatia (Expert) 25 September 2009
You have to withdraw the petition of section 9 before filing the case of divorce. You can not undergo these two petition at the same time. But you can file divorce after the disposal of section 9, on the ground that your wife is unable to mantain conjugal right.
I have face Similar situation in one of my client case.
Sarvesh Kumar Sharma Advocate (Expert) 25 September 2009
sachin sir,
you can file the sec.13 with the trial sec.9 ,only with the plea that if sec.9 is not mantain by the ledy then wht is the meaning of marriage,so allow sec.13 and then court will consider this .
i have file the same and it is going successly.
Sukhija (Expert) 25 September 2009
hi
I agree with Sarvesh Sharma. Put other grounds also under cruelty for getting divorce.
Raj Kumar Makkad (Expert) 25 September 2009
What Sarvesh is talking is the conversion of petition filed under section 9 into section 13 (i) (ia) which is not uncommon but Sachin bhatia is talking about a different situation. It is right that two separate petitions one under 9 seeking conjugal rights and simultaneously another petition under section 13 seeking divorce on certain grounds can not be filed and are not maintainable. One of them has to be withdrawn because these are self-contradictory.

So far quarry is concerned, it is limited to aforementioned situation only which has properly answered. It is additionally informed that if after disposal of the petition filed under section 9, no conjugal rights are established within a year of passing of decree/dismissal, either of the party can file petition under 13 seeking divorce.


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