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My wife sent Lawyer notice on section 9


19-Apr-2023 (In Divorce Law)
My wife doing emotional cheating. Sent lawyer notice on section 9 on me. She said to the judge in court, my husband doing sexual harrasment, forced sex with me all the night. My advocate said to me that you should say "I never had sex with her". But reality is I do sex with her. She left me 2yrs ago and I have sent court notice section 13 1 ia divorce case on her. Becoz wasting my time. Not cohabitation not cmng for mutual divorce, not giving divorce for settlement also. My age is 33 now her parents wants me to get old. How can I proceed further, she may said "no, he had sex with me.
Answers (4)

Answer #1
626 votes
hello as i can see your issues described by you are very clear but as you have sent legal notice of 13 [1] for divorce and you want divorce but you wife had played a trick to get your divorce petition use less by wasting your time in section 9 . so in my view you have not taken any expert lawyer advice due to which you have taken hasty steps of sending 13 1 a notice . instead of tht you should have fille other cases so tht you can have good grounds for divorce
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Answer #2
756 votes
Thank you for contacting 'The White Tiger Law Firm' Please let us know how we can help you. Thank you for contacting 'The White Tiger Law Firm' Please let us know how we can help you. Thank you for contacting 'The White Tiger Law Firm' Please let us know how we can help you.
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Answer #3
904 votes
With reference to your question, you can reply to this notice stating your reason for not residing with your wife and you can also state her the case you have filled on her in court. both the cases are contradictory to each other
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Answer #4
860 votes
you have already filed 13 1 ia thereafter she has sent you sec.9 notice, which is not maintainable in law. you may kindly consult for further process. we can help you get mutual divorce. incase she is not willing for mutual then alternatively it can be contested
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Comments by Users

Kumar
After filed section 13 1ia. Few days later I got a post with notice section 9 from my wife. How to take action now please advice.

Reply by LawRato
If you have sent your wife a legal notice for divorce under Section 13 of the Hindu Marriage Act and she has responded with a notice for restitution of conjugal relations, it means that she is seeking to save the marriage and is not in agreement with your decision to seek a divorce. In such a situation, you have a few options:

Respond to the notice: You can choose to respond to your wife's notice for restitution of conjugal relations by either agreeing to her request or rejecting it. If you agree to her request, you can try to work on saving the marriage. If you reject her request, the legal proceedings for divorce will continue.
Try mediation: You can consider going to mediation to try to resolve the issues between you and your wife. A mediator can help facilitate a discussion and help both parties reach an agreement.
Proceed with the divorce: If you are certain that you want to proceed with the divorce, you can continue with the legal proceedings as per the notice you sent to your wife. You will need to hire a lawyer to represent you and follow the legal procedures for obtaining a divorce.

You can consult a lawyer who will guide you after understanding the facts of your case better. You can hire a lawyer by clicking on the link below -
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