Mikki (Officer) 19 May 2014

s 9: premature?

I got a favourable decree U/S 9 and subsequent to the same I sent a Pleader's notice to the respondent which she didnot accept. Thereafter I filed for Divorce U/S 13 within one year of passing of decree. The opposite party is terming it premature on account of 13 (1A) (ii) while I am claiming that I have not applied under the particular sub section and that the sub-section does not bar from claiming relief under other sub sections. Apart from any helpful comments, I am looking for similar cases where a successful decree U/S 9 was followed by a petition U/S 13 (other than 13(1A)(ii)) within one year and same was favorably decided.

Looking forward to helping hands in this regard.

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 19 May 2014

you have only mentioned the section but you have not mentioned the gounds for divorce, which is essential.

Now also you can mention the grounds by amending the petition.

Mikki (Officer) 25 May 2014

Dear Rajeev,

Thanks for your input however at present not filing under specific sub sections is not an issue for me. I am in pressing need of some case reference wherein post decree U/S 9 any of the parties filed for Divorce under any sub section of 13 within one year of decree and eventually got a favourable relief under the same.

Any help with respect to the same will be greatly appreciated.

Originally posted by : adv. rajeev ( rajoo )

Sec. 13 says that : Any marriage solemnized, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

you have only mentioned the section but you have not mentioned the gounds for divorce, which is essential.

Now also you can mention the grounds by amending the petition.