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Husband filed sec 9 and didnt disclose wife about it


21-Aug-2023 (In Divorce Law)
Husband filed sec 9 and didnt disclose wife about it and attended women cell dates and wrote want to settle marriage with wife. But on last date he came with interim bail and said wife threatened him that she will caught him and his parents in false cases. Wife still has no ide of sec 9 .he withdrews sec 9 by giving statement in affidavit that due to technical error i. E wrong address he wants to withdraw petion and will file afresh. But after withdrawl he filed divorce and in divorce case he has not given the details why he withdrew sec 9 .and in divorce case he mentioned because of threatening calls by wife he withdrew... Wife has not given any threat calls... I want to ask is this a fraud on court by husband or not. If yes will court punish him for fraud... Wife get to know about sec 9 very late.. Nd during pendency of sec 9 he has wriiten in his own hand he wants to save marriage.. Wife was 8 months pregnant at that time. What are the chances of divorce filed by husband in this cas
Answers (4)

Answer #1
870 votes
See both are different from each other i.e divorce and restitution of conjugal rights. He has a right or file a new petition. But you can also mention in your reply about all the malicious frauds in his minds. On the other hand, first you decide what you want? Whether you want to save your married life or live seperately? Chances are depends on both the parties. Because court always give the reconciliation tym through mediation or counselling. If by all the means both the parties dont want to reside together there is no other option apart from divorce with the court.
Answer #2
776 votes
These grounds are sufficient to punish the husband because he is not only cheating the wife but is submitting different statements on oath before the Court. If the same are highlighted before the Court, the Court will definitely understand the criminal mentality of husband and will take strict action against him.
Answer #3
856 votes
Divorce can not be granted on this ground and after filling of section 9 petition before the court, some new issue arises before the court and then court will decide the same on those issues and its dificult to get the order
Answer #4
923 votes
Your fraud has definitely done fraud to court. It can be asked in cross examination that if he was threatened to withdraw Sec 9, then how did he filed divorce. You need not worry, your defence is strong. For and other queries, consult further

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