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Husband 1st apply for section 9 then PWDVA on husband


14-Sep-2025 (In Divorce Law)
Husband 1st sent legal notice to Wife(No child) on response from wife husband filled Section 9 on wife on response she filled false PWDVA,What will court do in this situation?
Answers (5)

Answer #1
914 votes
the court will ask for reply of husband in pwdva, and the mean time the husband can file for divorce on which the legal notice was sent supposedly, husband and approach the family court in which the code will ask written statement of wife.
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Advocate Moksh Jain

Adv. Moksh Jain

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Answer #2
780 votes
In such a situation, the court will deal with both proceedings independently on their own merits — the husband’s Section 9 petition under the Hindu Marriage Act (Restitution of Conjugal Rights) and the wife’s complaint under the Protection of Women from Domestic Violence Act. Many times courts encourage mediation/settlement when cross-cases like this are filed. If her allegations are found false or unsubstantiated, the husband can contest strongly and even later seek perjury or damages. Ultimately, the court balances rights: the husband seeking restitution, the wife alleging violence. The outcome depends entirely on the evidence and conduct of parties, not on who filed first.
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Advocate Sanil Sarkar

Adv. Sanil Sarkar

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Answer #3
695 votes
Both cases will proceed on their own merits. In Section 9 HMA, the court will see if wife left without reasonable cause. In DV case, wife must prove allegations; if not, it will be dismissed. File a strong reply with evidence. Court decides based on facts and proof, not just allegations.
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Advocate Mrunmayi Kotawadekar

Adv. Mrunmayi Kotawadekar

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Answer #4
970 votes
The proceedings will go on independently unless both of you arrive at a settlement or consensus to put an end to the same. Summons will be issued and the parties shall be called upon to give their replies. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Advocate Prerna Shukla

Adv. Prerna Shukla

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Answer #5
647 votes
Well, as the Wife has filed a Retaliatory Case, a false one, which can be dismissed if Husband exposes her false statements before the concerned Court, on the basis of which, a Discharge Petition can be filed to seek clean chit for the Husband in bogus PWDVA Case filed.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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