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Author Topic: Applicability of Petition U/S 13 within one Year of Decree U/S 9 in HM Act 1955  (Read 2115 times)

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Offline Mikki

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I had got a favourable decree U/S 9 and subsequent to the same I sent a Pleader's notice to the respondent which she didnot accept. Subsequent to the same I filed for Divorce U/S 13 within one year of passing of decree. The opposite party is terming it premature on account of 13 (1A) (ii) while I am claiming that I have not applied under the particular sub section and that the sub-section does not bar from claiming relief under other sub sections. Apart from any helpful comment I am looking for similar cases where a successful decree U/S 9 was followed by a petition U/S 13 (other than 13(1A)(ii)) within one year and same was favorably decided.

Offline Advaradhyakirmani

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there will be many judgments on this that there was no RCR restored for a period of one year, and divorce is filed within the said period.

your defence should be that u have sufficient reasons to believe that RCR will not be adhered to.

hence any further delay will be against the interest of Justice
Adv.Aradhya Kirmani
Expert in Civil and criminal laws

Offline Mikki

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Hi Aradhya,
Thank you for responding.
I along with my lawyer tried searching for such examples but have so far not been able to get any.
If you can provide reference to even one case wherein case filed within one year of RCR under any section of 13 was positively decided by a court I would be indebted to you.
My case u/s 13 is going on for last one and half years (filed after 3 months of RCR) and is awaiting final judgement.

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