Civil Procedure Code (CPC)

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Dr Sunita Subramaniam   24 July 2021

Sec 125, 9, dv, divorce

All this is so confusing.

I filed sec 125. then Husband filed sec 9. He is not filing objections in sec 125. What can I do.

Also, can I file divorce case if sec 9 is already filed ?

Sec 125 is better or DV case is better ?
Can I file DV case ?



 3 Replies

Advocate Ankur Goel (Lawyer)     24 July 2021

DV is better than 125. 

2 Like

SHIRISH PAWAR, 7738990900 (Advocate)     24 July 2021

Hello,

If your husband is not filing a reply to the section 125 application then you can ask the court to pass an order exparte against your husband. 

You can file a divorce petition even if a section 9 petition is filed by your husband.

Section 125 and Domestic Violence application, both are different cases and they are filed as per facts of the case. 

 

 

1 Like

Kevin Moses Paul   24 July 2021

As per your query, let me present the illustrations of both sections before you for better understanding before providing you with any suggestions regarding which one is better as per the scenario you're dealing with.

Basically, Section 125 of Code of Criminal Procedure (CrPC) deals with "Order for maintenance of wives, children and parents".
While on the other hand, Section 9 of the Hindu Marriage Act, 1957 deals with 'Restitution of conjugal rights'.

The section further states that - "When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly".

Now, if since you're query is more of an opinion based one depending upon the situation you're dealing with, I would suggest you to keep on proceeding for your DV case with section 125, with an intention of getting maintenance.

Hope It Helps

Regards
Kevin M. Paul

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