Hundu marraige act
SANDEEP GUPTA
(Querist) 24 March 2018
This query is : Resolved
DEAR SIR, MY WIFE FILED A POLICE COMPLAIN ON 01/3/2015 IN WHICH SHE DENIED TO STAY WITH ME AND SEEKING DIVORCE. ALTHOUGH SHE SAID TWICE ON PAPER WITHIN TWO MONTHS. AFTER THAT, I FILED SEC 9 AT MY AREA IN WHICH SHE HAS DENIED TO ACCEPT THE NOTICE THEREBY NOT APPEARED. MEANWHILE, I FILED SEC 13 ON CRUELTY, DESERTION AND UNSOUND MIND GROUND WITH SEC 9 PENDING. SHE APPEARED IN SEC 13 AND FILED OBJECTION. ACCORDING I HAVE WITHDRAWAL THE SEC 9 AND SEC 13 BE CONTINUED.
NOW AFTER, 18 MONTHS, SHE HAS FILED SEC 9 ON 18/10/2016 AT BHOPAL AND ALSO FILED 498 ON 23/10/2016 JUST AFTER FOUR DAYS AT UJJAIN. PRESENTLY SHE IS WORKING AND POSTED AT STATE GOVT. BHOPAL. MY QUERY IS THAT :-
(A) CAN SHE FILE SEC 9 AT BHOPAL WHERE NEITHER WE HAVE RESIDED TOGETHER OR NOR MARRAIGE SOLEMNIZED. ONLY SHE IS POSTED AT BHOPAL.
(B) IS HER SEC 9 MAINTAINABLE AT BHOPAL AS SHE HAS DENIED TO RECEIVE THE SEC 9 NOTICE FILED BY ME EARLIER.
REGARDS
SANDEEP
Sudhir Kumar, Advocate
(Expert) 25 March 2018
RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse. This way husband leaves her with no choice but to spoil his family even if she does not want to do so.
This forum is full of such cases where husband with parents/siblings faced such criminal charges.
After visiting jails people realise that the situation inside Indian Jails is not as rosy as shown in movies and the cops are also comedians in movies which is not in actual life.
Dr J C Vashista
(Expert) 25 March 2018
Confused and vague facts.
Consult your lawyer who is well aware about the facts of the case, contesting your case(s) with full diligence, capability and intelligently.
Advocate Bhartesh goyal
(Expert) 25 March 2018
( A ) Yes,your wife can file divorce/sec 9/domestic violence/sec498 A I.P.C petitions at place where she resides permanently, temporarily or casually.(B) Yes,she can file petition u/ sec 9 H.M.A even than she denied to receive the notices of sec 9 H.M.A, filed by her husband earlier.
Ms.Usha Kapoor
(Expert) 26 March 2018
Your wife can file section 9 proceedings in Bhopal where currently she resides.
Secondly, Yes, also she can file section 9 proceedings(divorce)HMA and 498A IPC Cruelty or Dowry demands although she denied receiving notices or ignored your section 9 proceedings earlier filed by you.
