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Can Section 13A be dismissed after Section 9 verdict


17-Dec-2023 (In Family Law)
Hi, Seeking law help on Section 13A of HMA, as i had filled Section 9 of HMA in 2018 and now court has issued the order in my favor ordering my wife to join me. but at the same time she has filled 13A against me. I would like to know, is there any provision to dismiss her Section 13 of HMA as court ordered to be with me.
Answers (3)

Answer #1
546 votes
Section 13 petition is completely separate from section 9. Order upon section 9 would have been completely silent on 13, therefore it give rights for maintainability of section 13 petition. However section 9 order would definitely be with conditions therefore, invites suspension of 13 petition.
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Advocate Prashant Vaxish

Adv. Prashant Vaxish

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Answer #2
731 votes
Well the court can’t force anyone to live with another, at best if your wife doesn’t join you in 1 year of passing of Section 9 decree u can get a divorce. And it does not stop her from filing a divorce petition on other grounds more so cruelty if she wants You can discuss on call further
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Advocate Madhu Tyagi

Adv. Madhu Tyagi

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Answer #3
503 votes
section 9 talk about restitution of conjugal rights. whereby, one can take an action from court against other, but article 14 enshrine a equality before law, so you can use your favourable order against your wife in section 13 petition but u cant simply get it dismissed, because it can also amount to martial rape and harrasments
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Advocate Vaibhav Kharbanda

Adv. Vaibhav Kharbanda

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