Husband filed section 9 and he wants to convert it into divorce
02-Jun-2023 (In Family Law)
Some in-laws cruel behavior I come back to father's home and my husband filed section 9 and now he wants to separate but I don't want separate I have one year old daughter, can he covert section 9 into divorce
No he can't. Unless you allow he can't transfer the said Petition into divorce. If you had received the notice for restitution of conjugal rights you should appear in court and file your say that you want to cohabit with your husband with one year daughter and do not wan divorce at any cost.
Can Section 9 be converted to divorce?
Sec 9 cannot be changed into divorce. You must withdraw and then file for divorce. Contact any Legal Assailant in Jaipur. 1. You can divorce on grounds of cruelty.
What are the disadvantages of the Hindu Marriage Act?
This was a social law that could not be changed. It limited the selection of mates to a small circle, and thus gave rise to undesirable practices such as polygamy and bride price. Casteism was a result of this and it shattered the national unity.
What are the advantages of Section 9?
This is a way for couples to continue their marriage and try to reconcile.
This can be viewed as a way to resolve marital conflicts and misunderstandings.
What is Section 9 HMA limitation?
Section 9 of Hindu Marriage Act allows either spouse to file a petition for restitution of conjugal right if their spouse has left the petitioner's company without any reason. The Act does not specify the grounds for such a request.
sec 9 is extremely different from sec 13. willingness of husband was cohabitation and reunion at the time of filing sec 9 and it can be ur ground to resist the prayer of conversion of the same application into divorce.
section 9 is for the Restitution of Conjugal Rights.
when he can convert the section Application into divorce when he got a decree of restitution of Conjugal Rights and despite of the same you are not obeying it at that time it can be a ground for divorce.
however, pending section 9 cannot be convert into divorce petition.
you can take the advantage of the same and can give consent to his section 9 Application can co-habit with your husband.
however, before giving consent you need to point out the reasons for saperation and set out some terms and conditions so , that court shoul believe that saperation on your part was justified.
when he can convert the section Application into divorce when he got a decree of restitution of Conjugal Rights and despite of the same you are not obeying it at that time it can be a ground for divorce.
however, pending section 9 cannot be convert into divorce petition.
you can take the advantage of the same and can give consent to his section 9 Application can co-habit with your husband.
however, before giving consent you need to point out the reasons for saperation and set out some terms and conditions so , that court shoul believe that saperation on your part was justified.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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