Which case should be filed first Sec.9 or Sec.13


1. Can a respondent file FIR against peitioner husband and his family when divorce case has been filed but she is lying that we have not received the notice? 2. Is there any way to know before hearing date whether notice reached to the respondent or not ? 3. When the wife does not stay with her husband even after women cell decision, should we go for sec 9 right of restitution or sec 13 for divorce? Which one is better?

Answers (3)


73 votes

1. Yes respondent wife can file the criminal case after filing of divorce by husband as both is having separate cause of action.

2. Yes just before the date of hearing inspect the judicial file and see the status of summons

3. First go u/s 9 and even if wife refuse in court then go for 13


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179 votes

Hi. Your query is not clear so it can be answered only when you come to meet me personally in my office and only thereafter after coming to know your query in detailed, I will be able to advise you properly. Thanks

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89 votes

You must have speed post or registered ad receipt by using which medium you sent notice to her.That is enough.whether you file case under sec 9 or sec 1e hma depends upon facts of ur case.Better you come and discuss the matter.consultation is free.

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