sandeep (engineer) 04 March 2011

divorce petition and sec.9 and 498a

Hi Sir,

I have filed dicorce petition in september, but since then twice she has refused to take it saying that she doesnt stay there....now last date or the third hearing is in next month......Before tht she had complaint falsely in the police station that i have been harrassing her of money and mishandling her, but she had only accepted that in the conversation and the police itself that there was no such allegations, its just the complaint has been done just to call u on desk.....the recording of which is availble with me.....after that i had filed for AB against which i have got hours before any proceedings......now recently she had filed for RCR undr sec.9 ,,,,,,so i want to ask u all..

1. Does during the first hearing of RCR ..the honourable court gives the decision or does it give us time..

2.now i have filed divorce case before she filing for Sec.9..have effective it is..

3.and now how will the proceeding sgo..

Thanks

Reply Follow

3 Replies

Tajobsindia (Senior Partner ) 04 March 2011

@ Author

1. Both will go simultaneously in same Court

2. You will give written statement (reply) to her S. 9 HMA and she will do the same.

3. Rejoinder of parties in respective cases will be filed if any.

4. Admission / denial of documents under reliance by parties will be done in respective cases.

5. Pleading will be done respectively and 'issues' will be framed.

6. Witness will be lead / cross examination in respective cases.

And so the case moves; alternate could be to club both and request judge to frame just minimum of issues subject to each parties main relief thus prayed to cut short such lengthy indirect cross cases.

7. She is basically making proof (grounds) for her S. 498a IPC filing which will be contested separately.

8. Use evidences (tape or otherwise as you say in your brief) for good use at appropriate timing at appropriate court proceedings.

OTR; once a lady leaves the doormat of shared household either files what is immaterial till parties are bound to lead valid evidences respectively that is called effective relief otherwise today anyone can file anything in any court that is not effective but what comes out from evidences are called effective is my opinion.

All the best.
[OTR means off the record J]