Respondent denial in Sec 9 (Restitution of conjugal rights)

Respondent had denied in OP evidence during court hearing to resume u/s 9 of Restitution of conjugalrights. After court final order, when I will file divorce case then the same procedure of Evidence by both side take place already 5 yrs had been spent in sec 9 case. Is it not the repetition of the same act.Respondent only harassing me and want to live seperate without taking divorce.

Answers (3)

212 votes

No it will not be repetition. In divorce case it would be a strong point that rezpondent has denied to continue marriage and order of sec. 9 shall be read as an evidence against respondent. Based upon that divorce would be allowed.

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140 votes

From your facts it is unclear what orders have been passed by the court for petition u/s 9. The procedures of the court has to be followed in all cases. But as you mentioned the respondent has provided in evidende that there will be no restitution of conjugal rights from respondents side. In such case you can file a divorce petition on the basis of denial of conjugal rights and also there are many authorities of apex court which support your situation for divorce and also in the interest of justice for passing over the lengthy procedure of the court in case all the evidences remain same.

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It is case of face to face communication case study where all the aspect of conjugal rights case are to be studied in details. We request to meet us your divorce case would be solved on quickly basis.

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