Husband filed section 9 and he wants to convert it into divorce


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

Answers (3)


278 votes

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.


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343 votes

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.

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173 votes

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.

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