Legal Question in Civil Litigation in India

yesterday only i have come to know that my husband has filed a section 9 against me on 7 july 2010 and in that it is mentioned that he filed section 9 against at 4 july 2005 that i also don't know and i've come to know yesterday only which was very shocking for me that i was staying with a person who planned a strategy against me to throw me out of his life even at that time i didn't have any issue (child).what do i do help me give me the way out thank you.


Asked on 9/08/10, 4:38 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

Section 9 (of Hindu Marriage Act) is for Restoration of Conjugal Rights and not for throwing one out. However, after the grant of Section 9 if there is no cohabitation for one year, then one is entitled to divorce. Now that you have come to know of the application, you may appear in the court on the date without waiting for the papers to come to you. You may request the papers filed by your husband and after getting them you may file your response. Being woman, you are entitled to free legal aid from the state legal service authority (normally called Legal Aid) Legal Aid offices are located in the court complex and each state has its web site for legal aid. Choice is yours if you want legal aid or not. Or else you may engage a counsel and file your reply.

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Answered on 9/08/10, 6:30 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

mere filing of a case does not mean that he has succeeded. You may file your defence and pursue other remedies available to you in law.

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Answered on 9/09/10, 8:27 am


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