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Magan   15 August 2017

Hma section 9

Wife filled section 9 hma, i find difficult to continue marriage life with her. Case is filled 2.5 years ago She is getting crpc 125 maintaince of ₹12,000. My advocate sir is saying as if she wins sec9 hma than its good for us as you can file for divorce after one year of decree u/s 9. One year of decree u/s 9 is sufficient ground for divorce. If she wins section can court by force settle her at my home. I am fighting case 500 km away my home town . Plz suggest


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 10 Replies

Adv Radhika Mehta (Advocate)     15 August 2017

Restitution is one Decree which cannot be enforced. So the Court cannot force you to take her back to your house.  However, she can file for execution of an RCR decree in terms of Order 1 Rule 32, CPC by seeking attachment of your property. 

If your wife wins the proceedings U/s 9, HMA but you dont allow her entry into your house, then a year later you cannot file for Divorce as you cannot take advantage of your own wrongdoing. Please change your lawyer as he is misguiding you. 

 

Azhagananth (Lawyer)     15 August 2017

Section 23A in The Hindu Marriage Act, 1955

23A Relief for respondent in divorce and other proceedings. —In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioner's adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground

So you file another I.A as counter claim petition under section 23A, in the Section 9 petition filed by your wife. don't opt for multiplicty of proceeding and waste your time and money.

Siddharth Srivastava (Advocate)     15 August 2017

You can file counter claim in the pending proceeding u/s.9 HMAct seeking divorce or you can file separate divorce case on the ground of cruelty etc. As such there is no condition to wait for the out come of petition u/s.9 HMA. You are legally bound to pay maintenance to your wife if she has no independent sufficient income to maintain herself.

KS Johal   16 August 2017

Very good advice given please follow It.

Magan   16 August 2017

Thanks alot for ur advice, thanks for help

Magan   16 August 2017

Thanks alot for ur advice, thanks for help

Magan   16 August 2017

Adv Radhika Mehta If husband win against against wife u/s 9 ,can i apply for divorce after one year.

Magan   16 August 2017

If husband win against against wife u/s 9 ,can i apply for divorce after one year.

Adv Radhika Mehta (Advocate)     17 August 2017

You mean to say that if your wife's Petition for Restitution is dismissed, can you apply? In that case, you dont need to wait for a period of one year and also for rejecting a Restitution the Judge would need to observe something negative about your wife's conduct.  You can definately use and harp on the said observation. 

Magan   18 August 2017

Thanks alot, thanks for reply & help madam

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