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Can I file sec 13 when an Appeal is filed in High Court


27-Jul-2023 (In Family Law)
Can I file sec 13 in District Court when an Appeal is filed in High court against Dissmissal of Sec 9 contest in the same District Court. Please help me.
Answers (3)

Answer #1
808 votes
Hi, You can file petition u/s 13 HMA, when other party have filed appeal in the High Court against the Dismissal of section 9 petition. Law doesn't bars you from filling petition for divorce. Thanks Ramit Sehrawat Advocate
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Answer #2
784 votes
when there has been no restitution of conjugal rights between the parties inspite of order passed under section 9 of the Hindu marriage act, then it by itself become ground for seeking divorce. therefore, even if an appeal has been pending in the high court, the aggrieved party can seek and proceed for divorce
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Answer #3
886 votes
dear Sir you first of all widron the appeal form the concerned high court there after you may be file a case under 13 of Hindu marriage act in the same cause of action before the family court in district court .
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