Do I need withdraw sec 9 to file MC case?

Question

Do I need withdraw sec 9 to file MC case?

10-Sep-2023 (In Divorce Law)

I filed sec9 on my husband later he filed sec 13 1 ia on me. In counselling sec9 case failed. Now I would like to file MC case on him. Do I need to withdraw my sec9 case to file MC case on my husband?

Answers (5)

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Adv. Rajesh Kumar Adv. Rajesh Kumar

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Advocate Anubhav Kathuria LawRato · Accepted Answer · 2023-09-10T20:47:52+05:30

Answer #2

For filing a Mutual Consent divorce petition both the parties should agree on mutual terms and conditions of divorce. Your husband had already filed a section 13 (1) (1a) petition. In my opinion that needs to be represented well from your side. The same petition can be converted into MC if both agrees. Section 9 need not to be withdrawn.

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Advocate Pratima Sharma LawRato · Accepted Answer · 2023-09-11T12:28:20+05:30

Answer #3

Is MC means Mauntenance case ?? If your sec 9 case failed in counseling let this case continue . and you can also file maintenance case simultaneously. there is no need to withdraw sec 9. Both laws gives you separate rights.

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Advocate Rishabh Gupta LawRato · Accepted Answer · 2023-09-11T15:20:56+05:30

Answer #4

you can file a maintenance case under section 125 of the criminal procedure code, against your husband any time doesn't matter if the above said matter is on going under section 9 and 13 (1) ia of the Hindu marriage act

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Advocate Ashish Sharma LawRato · Accepted Answer · 2023-09-24T21:42:57+05:30

Answer #5

Sir/Madam, As per my advice i would like to suggest you that firstly please immediately withdraw the section 9 of hindu marraige act i.e restitution of conjugal rights from the concerned court. Secondly immediately file a case under section 24 hindu marraige act application in the divorce case which was filed by your husband in the concerned court. Lastly if you further seek any help regarding your matter please feel free to ask anything regarding your matter for you better help.

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Adv. Ashish Sharma Adv. Ashish Sharma

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