Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Petitioner   09 October 2021

Section 9 petition vs divorce petition

Hi , 

since the situation is getting worse, and we can't sustain anything further. Can we file for the divorce while the court reviews the section 9 petition? 

Thanks,



Learning

 5 Replies

Dr J C Vashista (Advocate)     09 October 2021

Vague and confusing query, be clear and specific.

P. Venu (Advocate)     09 October 2021

You have not posted the material facts.

minakshi bindhani   23 November 2021

As per your query concerned!

The petition under section 9 of the Hindu Marriage Act has been filed by you, you can move an application under Order 6 Rule 17read with section 151 of CPC seeking amendment in the plaint with consequential relief to the effect that the relief for divorce under section 13of the Act be permitted to be substituted in place of the relief for restitution of conjugal rights under the section 9 of the Act, because of the situation that has occurred.

I am provided you link for better insight.

https://indiankanoon.org/doc/66510547/

Hope it is understandable!
Regards
Minakshi Bindhani

Archana Pandey   05 February 2022

Dear Petitioner, 

Since you both are not able to continue further. You may apply for the mutual divorce. However, as per your query, Section 9 explains that when Court will review your efforts if you notice or tried her back in matrimonial home or gave any efforts to continue your marriage. 

Dr J C Vashista (Advocate)     06 February 2022

@ Minakshi Bindhani,

Can you please cite any judgment /precident / provision of law qua your opinion / advise where amendment is maintainable in a case under section 9 of HIndu Marriage Act, 1955, as mentined hereinabove, inter alia, . ".....you can move an application under Order 6 Rule 17 read with section 151 of CPC seeking amendment in the plaint with consequential relief to the effect that the relief for divorce under section 13 of the Act be permitted to be substituted in place of the relief for restitution of conjugal rights under the section 9 of the Act..."

It is for my knowledge which do not have any bearing on the opinion and advise of experts

Thanks


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