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Applicability of Petition U/S 13 within one Year of Decree U/S 9 in HM Act 1955

Mikki 19 May 2014, 15:25

I 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 comments, 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.

Neither my lawyer nor myself could so far search a case with such context. I am in desperate need for the same on urgent basis.

Looking forward to helping hand.

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