Cases in different courts
ad
(Querist) 13 November 2015
This query is : Resolved
Sir,
My wife filed a case u/s 9 of HMA against me in 2005, with all other cases i.e. 498-a,406, u/s 125, sec. 18 of HAMA, 405,406, sec. 24 etc.and recently filed domestic viloance act with interim maintenance application in madhya pradesh. (while she is living with her parents since last 10 years). as she only want to harrass and destroy my life.
maintenance is granted in 125 and sec 24 and same is paying by me.
i want to file divorce in my city in Uttar pradesh. Pl. clarify that_
1) If she refused to summons of divorce case, than can expartee dovorce be granted to me ? if yes how much time it will take approximately.
2) If she appears and wants to transfer this case in her city, is it possible, and what process for this (as 498-a is running in my city)
3) If she did not appeared in court and refused the summons can court grant me expartee divorce ,
4) In situation she refused to come before the court can court itself transfer this case, as sec.9 is also running in her city filed by her.
5) and showing that sec 9 filed by her is pending in other court is make harm to my divorce case? Is it advisable to show about the sec 9 is pending, even after showing the facts of pendency of sec9, can court grants expartee divorce in case she refused the summons?
Pl. clarity and oblise.
Regards,
Boby.
Devajyoti Barman
(Expert) 14 November 2015
1. If it is proved that on receipt of summons she refused to appear in the suit then surely ex parte decision would be given.
2.498A cases are very hard to be transferred , at least at the behest of the de facto complainant.
3.Yes
4.She may apply for transfer of section 9 suit for analogous trial of both suits.
Dr J C Vashista
(Expert) 15 November 2015
Do you have faith in your lawyer?
If no, change him/her immediately.
If yes, did you discuss with him/her and why do you posted this query?
Rajendra K Goyal
(Expert) 16 November 2015
Agree with the expert Devajyoti Barman.
