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What if husband files section9 in response to lawyer notice for mutual


10-Jun-2026 (In Divorce Law)
If I send advocate notice (not from court) to seek mutual divorce and husband files section 9, what steps do u suggest? I m separated since 5 yrs. Unemployed. No case filed, no maintenance provided. Can I file maintenance and argue that husband filed section 9 just bcoz I sent notice but never wanted me back till now? What to do if section 9 filed in response to lawyer notice?
Answers (5)

Answer #1
653 votes
If the behaviour of your partner is intolerable towards you and there's no scope of living together then rather stretching the relationship you should file for the 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
787 votes
You have to decide whether you want to go for mutual divorce or you wish to have a contested divorce. You can certainly file for a maintenance case as well but it totally depends on what you want. Section 9 of husband has no bearing to whatever you wish to do. For section 9 you need to decide whether you want to return back to husband or not.
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Advocate Alankrit Bhatnagar 

Adv. Alankrit Bhatnagar 

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Answer #3
739 votes
If your husband files a Section 9 case only after receiving a legal notice for divorce, you can contest it by showing that you have been living separately for the last five years and that he never made any genuine effort to bring you back or provide maintenance. You may also file a maintenance case and argue that the Section 9 petition is merely a reaction to the divorce notice and not a bona fide attempt to resume matrimonial life.
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Advocate Nikhil Karwal

Adv. Nikhil Karwal

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Answer #4
995 votes
You may contest Section 9 on facts. Sending a legal notice for mutual divorce does not bar maintenance. Being unemployed, you can seek maintenance and highlight 5 years' separation. Consult me asap as per the concerned provisions of law.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #5
618 votes
Your husband has filed Section 9 as he wants to show that you have withdrawn without reasonable excuse. Yes you can file a petition for maintenance as stated you are unemployed and unable to support yourself. Section 9 does not automatically disqualify you from receiving maintenance as you can give reasons for staying away. If he does not agree with a mutual divorce then you can file a contested divorce.
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Advocate Samriddhi Tripathi

Adv. Samriddhi Tripathi

LawRatoDelhi | 5+ Answers
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