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Query related to Sec 9 of HMA --- RCR


25-Aug-2023 (In Divorce Law)
Is there any limitation period for filing Sec 9 RCR. Can I file Sec 9 after 6 yrs of separation ?
Answers (4)

Answer #1
561 votes
There is no such limitation provided for filing of an application under section 9 HMA. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
821 votes
why not we can file anytime after 6 months there is no limitation even you both are going separate from long time you are entitled to divorce as well in a divorce matter stated that 1 year separation is enough for taking mutual divorce
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Advocate Rakesh Sah

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Answer #3
918 votes
A petition for the restitution of conjugal rights must be filed within one year from the date of the withdrawal of the spouse. If the petition is filed after the expiry of one year, the court may dismiss it. Therefore, filing the petition within the prescribed time limit is essential.
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Advocate Kunal Seth

Adv. Kunal Seth

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Answer #4
612 votes
No you cannot certainly file section 9 petition after six years of separation. If you wished to the file the same then it was supposed to be filed within one year from the date of the withdrawal of the the spouse. For any further legal assistance please feel free to contact.
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Advocate Jia Kapur

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