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Lord Ganesha (service)     11 April 2011

Opinion related to course of action to be adopted

My wife has filed a case of maintainance u/s 125 and it is pending. She filed another case u/s 498A , 323, 504 , 506 IPC and Sec 3/4 Dowry Prhibition Act and in this case I got  " Stay Order " from the H'ble High Court of Allahabad and this case was referred to Mediation and Concilliation Centre for mediation by the HC. Now she has filed another case u/s 419 , 420 , 406, 504, 506 of IPC in which the Court has issued the Summon u/s 406 and 504 only scrapping other sections of IPC in the case.

In the mean time I had filed a case u/s 9 of Hindu Marraige Act for restitution of conjugal rights and u/s 13 of HMA for Divorce on the ground of Cruelty and Abstinance but both the cases were dismissed as I didn't appear in the Court in anticipation of an out court settlement.

Now I am going to have Stay Order in the second case u/s 406 and 504 from Allahabad HC.

I want to ask you, the learned people , what should I do to check the opposition party ???????????



Learning

 1 Replies

Tajobsindia (Senior Partner )     11 April 2011

@ Author

After reading your brief I have a que. first

Que.: How can same person use S. 9 as well as S. 13 HMa that also simultaneously ? If your briefs has some syntax mistake then i can understand but this baffles all defied logics under gender neutral marriage Laws atleast to me.


Now still after reading down your entire briefs if your main concern and I quote you "I want to ask you, the learned people, what should I do to check the opposition party ???????????" is only this, then suggestion is to hear her side out on the date of stay hearing as it is natural that her side will appear to oppose this stay move of yours too and this is how you can check the opposite party !!!!!!!!!!

PS.: Bottom line – your que. is not clear but beauty is that I replied it
J 


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