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Can I file under section 9 after filing section 13 petition?

27-Feb-2023
Divorce

Answer By Law4u team

Based on the limited information provided, it is unclear what jurisdiction or legal system you are referring to. However, assuming you are referring to the Indian legal system, Section 9 and Section 13 are both sections under the Hindu Marriage Act, which deals with matrimonial disputes. Section 9 of the Hindu Marriage Act allows a spouse to file a petition for restitution of conjugal rights, which means that the spouse is requesting that the court order their partner to return to the matrimonial home and live with them. Section 13 of the Hindu Marriage Act allows a spouse to file a petition for divorce on certain grounds, such as cruelty, desertion, adultery, or irretrievable breakdown of marriage. To answer your question, yes, it is possible to file a petition under Section 9 after filing a petition under Section 13. However, the decision to file a petition under Section 9 would depend on the specific circumstances of your case, such as whether you believe that there is a chance of reconciliation with your spouse or if you want to pursue divorce as the best option for you. It is important to consult with a qualified lawyer who can advise you on the appropriate legal strategy based on the facts and circumstances of your case.

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