Section 9
NONUDI KUNTI
(Querist) 02 June 2012
This query is : Resolved
Respected Sir, I had filed a case of section 9 after filing DV and 498A. Now the proceedings of 498A have an added section of 313 IPC as the MM took cognizance of the said offence from my FIR. We had plenty of failed meditations for all the aforesaid cases except in the case of DV. NOW, my husband had said in the open Court during the hearing of Sec 9 after a failed mediation that he does not want to keep me with him at all. Further he is not ready to file for any divorce as well since the Judge asked him what steps are you taking if you do not want to keep your wife with you since she has filed for sec 9 and that implies that she still wants to live with you. He had no reply to this. Further, I wanted to know that after this failed mediation the Judge had made me understand that if your husband does not want to keep you than no one can force him to do so, further he suggested that I should also think about my future and not press for this application as even if he will pass the orders in my favor my husband will not execute the orders. Therefore I'm in a fix as whether I should withdraw my sec 9 now as it is at the stage of my evidence and cross or should I wait for the dismissal of sec 9. What do you think can happen if my case of sec 9 is dismissed pls reply in details. thanks and regards. KUNTI
Devajyoti Barman
(Expert) 02 June 2012
After filing cases u/s 498A, or DV Act, no one should be fool enough to expect his husband to stay with her again.
If you want peaceful end of the matter then go for mutual divorce and withdraw the cases , else do not go for mutual divorce ad pursue the cases so far filed.
Do not repeat the query on the same point again.
NONUDI KUNTI
(Querist) 02 June 2012
just a second thought I have seen plenty of cases during my life of litigation where the husbands have taken their wives back even after the wife had filed 498A and DV ETC cases against him.
Shonee Kapoor
(Expert) 02 June 2012
No one can force him to keep you.
498a and DV are home breakers and not homemakers.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 03 June 2012
Your Sec 9 is useless, as no one can force, u win or u loose. it have no effect.
If both of you start loving once again and live together happily, 4get & 4give, instead of 2get & 2give: No one and no court can stop you that too.
Choice is yours:
Harass and get harassed,
Or Love and get loved.
Problem is created by you two, and will affect you two only. Only u 2 can solve it, no court or law can help u out.
Ur 498 & dv are home breaker and not home maker. Its are hammers that can break relationship in a minute.
To built healthy relationship , it takes years. To break it instantly, use 498 & dv provided by Law makers.
ajay sethi
(Expert) 03 June 2012
your husband does not want you back . even if you get an order under RCR court cannot force your husband to stay with you . better go in for divorce by mutual consent and withdrawal of all cases
V R SHROFF
(Expert) 03 June 2012
Kunti, your husband will take you back, if you go with humble soft approach. If u want him back, withdraw all litigation, and request him. Apprehend and Accept few insult for 2-5 occasions, keep patent, ask him to forgive you for your harsh act, as u were misguided by your relatives and friend, and see result.[ u shout and he gets angry, he don't want u; u cry and he will melt , becomes yours] God always give justice, if you pray with good faith.
KUNTY : U R HOME MAKER, PROVE IT, MAKE YOUR OWN HOME, INSTEAD OF BREAKING IT. make all efforts.
There is no law to Love & improve relationship.
There are dozens of laws to Leave & break homes instantly.
