Relevance of HMA Section 9

I had filed my petition under Sec 9 of HMA nealrly 4 yrs ago. The matter is in the court , still waiting for court order in coming days. Is 1 yr cooling period required for filing of divorce petition if the respondent disobeyed the order period ? can the respondent change her stand during the divorce proceeding ? As I am 45 yrs old law abiding person, want to engange soon further due to age factor. As she is not staying with me from 14 years and we have 11 yrs daughter with her and not willing to come back , so Sec 9 is relevent ? Is Desertion/Cruelty ground better than Sec 9 petition.

Answers (4)

96 votes

Generally the family courts tend to persuade the parties for settlement or reconciliation and it may take one year although under section 13 B of the HMA , the cooling period is six months. The respondent can not change her stand during the divorce proceedings and can not take advantage of her own wrong. If the respondent is adopting delaying tactics then you may bring all these facts on record before the family court and pray for early disposal of the case. However i can give you appropriate advice only after going through your case.

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251 votes

The section 9 petition you filed is for restitution of conjugal rights, if your wife denies the section 9 ,it's a ground for divorce within itself, she can not back out so easily as a MOU is signed ,The period for filling divorce is 1 year but in exceptional cases it can be filed before 1 year!!

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233 votes

Hi, After carefully studying your grievances, in my opinion, you should go for divorce on the grounds of cruelty and desertion. Section 9 can not solve your purpose. Since as per your views mentioned in your enquiry that you want to engage soon due to your age factor, then as per my advice, there is no point in wasting time by filing a petition under section 9.

167 votes

Section 9 petition is for restitution of conjugal erights. It is filed when a person wants to cohabit with his/her spouse. It is no way divorce proceedings.
Desertion/ cruelty are grounds for divorce. And divorce is governed under section 13 HMA.

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