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Sec 9 case is pending can i file the case of sec 13a under HMA


27-Sep-2023 (In Family Law)
I just want to ask that i have a case family court jaipur in section 9 . meggistrate ordered for x- party in the favour of me..final statement of my is pending on next hearing date 28 October..can i register section 13a case now .i can get degree of section 9 soon after my final statement..can i file case section 13 a now or wait for degree .can section 9 help me in devorce case.what to do.
Answers (2)

Answer #1
959 votes
You have stated in your query that ex-partie has been passed and your evidence is yet to be taken . it is not proper stage to file case under section 13 of the Hindu Marriage Act. You should have to wait.
Answer #2
871 votes
In general sense both Sec 9 and Sec 13a are contrary proceedings. It is advisable to first let te Sec. 9 proceedings to come to an end. Later on when the other spouse doesn't oblige then we can move on with the divorce proceedings and use the Sec 9 decree as an additional ground for divorce.

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