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I filed for divorce on grounds of desertion. Now wife filed sec. 9.


02-Nov-2023 (In Divorce Law)

Due to many misunderstandings, frauds, cheating,police complaints and false statements. Myself and my wife deserted for 2.5 years. I filed a divorce case under desertion and cruelty sections during march. Now she has filed a Section 9 case in the same court.. I donot want to live with her due to many issues. Could anybody suggest me How can i avoid the Section 9 case without putting my counter? and how can i take forward my case? Thanks in advance.

Answers (2)

Answer #1
747 votes
There will be counseling session in which you can inform about the divorce case. if you don't wish to attend,then an ex_party will be given. The intention of filing u/s 9 now is to claim maintenance only. Need details at what stage your divorce case is at. How many years of marriage life, is there any child etc.. to give advice
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Advocate Chandra Mouli VR

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Answer #2
880 votes
If you feel that you have rights to file a divorce case, so shall she feel that she too have rights to file a restitution case. Neither of you can interfere in your individual rights. You have to file a counter to her Section 9 case or else it will be decided as exparte decree and this may affect even your own divorce case by the latter getting dismissed in the same grounds or it may become infructuous too. So dont run a risk, challenge her rcr case properly.
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