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Correct time file for section 13


26-Dec-2023 (In Divorce Law)
Sir, I got section 9 exparty order in mar 20 and living separately since Jan 19. But I filed divorce on ground of cruelty and adultery in Oct 20. Opposite party advocate approached to high court and saying before 1year I can not go in Divorce before 1 year of exparty section 9 order. What is correct? Pls suggest.
Answers (2)

Answer #1
759 votes
in which court your divorce petition is pending. opposite party only taking time for stay the suit. but they not success. you have full jurisdiction for file divorce case. this case only need 1 year decertion or one year consume the marriage.
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Advocate Satish Bhati

Adv. Satish Bhati

LawRato Greater Noida | 400+ Answers
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Answer #2
543 votes
Firstly the divorce petition normal circumstances should be filed after 1 year of marriage and secondly unless there exists sufficient evidence of cruelty or any other ground available for divorce the husband should not file for divorce. The wife is threatening him of dowry demand, so let her first file complaint against him of dowry demand or cruelty. The mere threat of filling such complaint doesn't mean anything unless she does take steps in this regard. The evidence of actual filling false criminal complaint is valid ground for divorce and when the complaint of wife fails in the court, the husband gets valid ground of cruelty for seeking divorce from her.
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Advocate Mamta Devi

Adv. Mamta Devi

LawRatoGreater Noida | 25+ Answers
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