Section 9 and section 13 of hindu marriage act
Guest
(Querist) 26 May 2014
This query is : Resolved
I got married in 2008 and living in delhi and has a 2.5 year old son.On 7-march-14,my cousins marriage was in ludhiana and my wife told me that she wanted to go on 3-march-14 to chandigarh because she want to stay with her parents for some days and will attend marriage.She went on 3-march by shatabadi alongwith my son and ticket was booked by her online thru irctc portal on 25-feb-14.She also attended the marriage on 7th and went with her parents to chandigarh and told me that she will return in a week's time but she did not returned inspite of repeated requests.Reason being,she always wanted me to live separately from my parents and was playing in the hands of her parents.On 23-april-14,she filed divorce case against me in chandigarh under section-13 for cruelty and dowry harrasment and section-24 for child custody and maintenance.She is more qualified than me and was working from past 7 years and always threatened me that lawas are in favour of women and if i dont live as per her and her family wishes,she will file false dowry and divorce case and will intentionally leave the job and i have to give her alimony as well as maintenance and also she will snatch my child from me.
She has mentioned below major points in her divorce petition received by me:
1.She is saying that she and child was thrown away by us from our house on 3-march-14 and after that there was not communication between us whereas i have the ticket copy booked by her,what's app conversation where i m inquiring about her reaching safely and marriage pics with us.
2.She is saying that since i do not want to leave my parents and family that's why i have not acccepted job offer for chandigarh.
3.She is saying that i have only in the first year of marriage taken her for outing and do not take her for outing and movies which is again false.
4.She is saying that i never spended on her and child whereas i have medical insurance copies and also child delivery bills reimbursed by insurance company and i am insuring her and child since our marriage.
5.She says that i had eye on her salary and savings whereas she has good amount of saving as i never took any money from her and only once she paid my insurance premium which i had paid back to her by tranferring money to her account through netbanking.
I am spending for complete household expense and paying for electricity,water,etc by netbanking.
My lawyer in delhi has filed case under section-9 for RCR and has taken date of 29-november-14 whereas the date for section-13 case is 30-May-14 in chandigarh.
Please guide me what will happen in my case and is it a right decision by my lawyer to take date after 6 months.
Can I take action if I prove my wife's allegations wrong and file defamation case against her.
Devajyoti Barman
(Expert) 27 May 2014
Well, since your wife has already filed a suit for divorce then there was no need for separate suit u/s 9 of HMA.
Had you been still interested to get her back, you could have prayed for counter claim of RCR in the same suit of her by way of your written statement.
I would rather advise to fight her case on merit.
Rajendra K Goyal
(Expert) 27 May 2014
She has filed case for divorce, she has taken extreme step leaving negligible steps for reconciliation. You have left with no other alternate but to engage a lawyer and defend the case on merits.
Guest
(Querist) 27 May 2014
Dear Sir,
How i will be benefitted if she's proved wrong and is it compulsory for her to come to delhi for section 9 hearing.also want to know why my lawyer has taken date of 6 months late for section 9.Is it compulosory on part of court to send us for counselling or mediation and do mediation actually helps and am i required to show evidence to mediator to prove myself.
Guest
(Querist) 27 May 2014
Sir,
Can she still file any other case like 498 against me.i m very concerned about my son so is there any way that I can get his custody
Guest
(Querist) 27 May 2014
Does indian law blindly favours women even if she is proved wrong or is there any relief for husbands also
malipeddi jaggarao
(Expert) 27 May 2014
Since she has initiated divorce you have no option except to fight back. RCR is no way helpful at this stage. Since you have certain evidences in your hand to prove her allegations wrong, your lawyer can defend your case. As regards your child, normally court will give custody to mother only and visitation rights to father. In extreme cases only it may give custody of child to the father.
Once these problems erupt there is no escape from these ordeals. If there is no wrong on your part, fight it boldly leaving the final result on Almighty.
Guest
(Querist) 27 May 2014
Sir will mediation center will help and will court send us to counselling or mediation.what role mediators play in resolving the issue, I have heard that mediation centers of courts are able to resolve majority of cases and saving married lives.
ajay sethi
(Expert) 27 May 2014
contest divorce case on merits .it was not necessary to file RCR . you will get visitation rights not custody of child
Guest
(Querist) 27 May 2014
Sir,
If I prove her allegations wrong then can court dismiss the case and ask her to join my company as in this case her family members are more involved specially her father.
Biswanath Roy
(Expert) 27 May 2014
You may write a letter to your wife proposing to live with you in a separate accommodation as to her desire and call her to choose the accommodation (flat)to end your husband-wife differences. Send this proposal letter under speed post at her address because service of Postal Speed Post letter shall be recorded in the Portal of the Post Offices which can be taken up as an evidence in future in your need.
T. Kalaiselvan, Advocate
(Expert) 29 May 2014
The long date for RCR after 6 months for next hearing is something very strange,have you confirmed that whether your lawyer has filed the RCR case at all (?), even if you prove that she is wrong in her allegations in the divorce case and the case is dismissed, neither you nor the court can compel her to rejoin you and resume her matrimonial obligations, not only that even if you are winning in your RCR case, she cannot be compelled to join you back. You can only draw the horse to the pond, but cannot make it to drink water if it is not willing. Now concentrate on her divorce case and fight it back to win and then decide.
Guest
(Querist) 29 May 2014
sir our lawyer is advocate delhi high court & supreme court of india and he has already filed rcr case and the date is 27-november
Guest
(Querist) 29 May 2014
Also if I win the divorce case by proving that allegations are wrong, can I take any action against her for the harrasment, loss of money and reputation in the society
malipeddi jaggarao
(Expert) 30 May 2014
You have engaged a competent advocate. Follow his advice. This is not the time to think about taking action after winning the divorce case. It is not so easy as you think. Concentrate on the case for now.
Biswanath Roy
(Expert) 30 May 2014
As to your statement your Advocate is capable to carry on your case on the right way for success, hence, I advice not to resort to any further action against your wife now which may bungle up your case.
Guest
(Querist) 30 May 2014
Dear Mallipedi Sir & Biswanath Sir,
What is the logic behind taking rcr date of 6 months
Guest
(Expert) 30 May 2014
Dear Gurpreet,
RCR is normally intended to provide an opportunity for reunion, if on second thought the couple decides so, as that may not be possible after divorce u/s 13, except remarriage. In normal course the court decides in favour of divorce only after all possible meassures of dispute solution are exhausted. Further, interval in dates for RCR purpose mostly depend upon the judge, not on advocate.
So, nothing wrong on the part of your advocate, if he could get date after 6 months.
Further, case u/s 13 is not likely to materialise on the next date of 30-May-14 in chandigarh, if there is a pr-condition of RCR in that case. Even if there being no condition of RCR in sec.13 case, the RCR case, in itself, is likely to fade out on the basis of the divorce decree, if approved before decision in sec.9 case.
About your query, "can I take action if I prove my wife's allegations wrong and file defamation case against her," you would be free to take any action in that event, but only after judgment in the case. But, for the present, you should have to maintain patience in wait of the results.
Guest
(Querist) 30 May 2014
Thanks very much Dhingra Sir.
sir what all possibilities court adopt to save the relation
Guest
(Expert) 30 May 2014
You are welcome. mediation, besides RCR, can also be another route of solution to the problem depending solely on the cooperation and positive response of both the sides.
Guest
(Querist) 30 May 2014
Sir,If other party is not ready for mediation or rcr, is it mandatory by court that both parties are bound to attend mediation and rcr
Guest
(Expert) 30 May 2014
By your mere hypothic perceptions, you can raise hundreds of supplementary questions, but there would be no satisfaction for you. Rather you would be utterly confused and also would confuse and irritate your own lawyer.
So, better watch the trend of the case during the course of real proceedings on each fixed dated and come forward only with real problem, if you feel to be facing or have some doubt on the opinion of your own lawyer with justified reason, why you were not convinced with his views.
V R SHROFF
(Expert) 29 July 2014
AS LITIGATION STARTED.. YOU NEED TO DEFEND YOURSELF !!!FIGHT FOR RIGHT...
