Magan 27 November 2017

Wife withdraw sec 9 hma after 2 yrs

Fighting case sec 9 hma for 2 yrs now case is only on order from many dates . But today they take case back . I am fighting case in city 400 km away from home town. I want to know Can case be withdrawn this moment of final order dates ?? Case is in my favour but all goes waste?? What i had to do next ? , to continue marriage with her is not possible for me

Reply Follow

6 Replies

(Guest)

You file section 9 case on wife. Whatever might be the result, file it to get easy divorce.

(Guest)

You file section 9 case on wife. Whatever might be the result, file it to get easy divorce.

Vijay Raj Mahajan (Advocate) 28 November 2017

Yes, the petitioner can withdraw her case at any stage before the final order of the court is passed and so it was done in the present case. Section 9 HMA is petition for restitution of conjugal rights against the deserting respondent, if you were ready to keep her as your wife at your matrimonial home the petition was ought to have got dismissed, however knowing it well she withdrew it.

Now you can present petition for divorce for her acts of cruelty and desertion for more than two years under section 13(1) (ia) (ib) of the HMA.