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Is it necessary to file 9 restitution of con jugal rights and divorce


24-Jul-2023 (In Family Law)
If I want to divorce my wife who is living with her parents for the past 2.5 years and now I don't to live with her, is it necessary to file sec 9 along with divorce?
Answers (3)

Answer #1
596 votes
you may file a case for divorce in family court on grounds of cruelty and desertion. there is no need to file a case for section 9 under Hindu marriage act. for more brief u may call me to discuss ur issue in case of need.
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Advocate Avdesh Chaudhary

Adv. Avdesh Chaudhary

LawRato Noida | 25+ Answers
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Answer #2
579 votes
As per your query your wife is not living with you. It is not necessary to file petition under section 9 of Hindu marriage act first to file any petition for divorce. however it is always advisable for filling section 9 of Hindu marriage for the purpose of making defense in other cases like 498 A IPC and dowery prohibition and domestic violence etc. if you need further information and advice then contact me through the administrator of this website
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Advocate Manendra Kumar

Adv. Manendra Kumar

LawRatoGhaziabad | 25+ Answers
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Answer #3
604 votes
As per my understanding, I think you are talking about Sec 9 Hindu Marriage Act, 1955 which is about RCR, which is not needed to be filed when you are filing an application for divorce. Rather you can directly go for Sec 13 or Sec 13B(mutual consent) and can get the divorce. Thank you and for further information you can contact me.
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Advocate Vimal Kumar Pandey

Adv. Vimal Kumar Pandey

LawRatoAllahabad | 200+ Answers
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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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