section9 of HMA & DIVORCE
siranjeet
(Querist) 27 August 2010
This query is : Resolved
my friend married in 2000 & his wife is govt. teacher & has 6 year old son. they got seperated in year 2007 as his wife deserted him & start living with her parents along with her son by got herself transferred to her parental town .my friend filed a case under section 9 of HMA in year 2008 in district court.The summons were served through all channels as per law .Firstly through court messanger & he commented that no such girl is residing at this given address.Secondly through registered post at her official address from where she refused to receive summons from postman .Thirdly court notice was published in daily regd newspaper & The court awarded him ex-parte decree of section 9 of HMA IN SEPT. 2009.Her wife wants neither to divorce him nor to join his company.He applied for execution of decree of section 9,.this time She received the registered summons of execution of section 9 of HMA ON THE SAME ADDRESS from where court messanger commented that no such girl is residing at this given address. After receiving the summons to prolong the court proceeding ,she filed a case to set-aside the exparte decree of section 9 on grounds of ignorance about this case with a plea that she never refused registered summons &never received any summons through court messanger ¬ read the court notice published daily newspaper as no circulation in her locality.
now my query is
1) Can my friend file a case of divorce now in sept.2010 after the completion of one year of ex-parte decree of section 9 while case of set- aside the exparte decree of section 9 of HMA is pending in court.
s.subramanian
(Expert) 27 August 2010
You can proceed to seek divorce. There is no bar.
Uma parameswaran
(Expert) 27 August 2010
Other side can appear before the Court to stay the divorce proceedings .
siranjeet
(Querist) 28 August 2010
from siranjeet
1) in your opinion this case will set-aside or not as she with her malafied intention not received the summons & she knew everything about case.the court will reopen the case as every person has right to present her side before court although she is guilty of not receving the summons & already know about the the case as she is being a lady.
siranjeet
(Querist) 28 August 2010
from siranjeet
1) in your opinion this case will set-aside or not as she with her malafied intention not received the summons & she knew everything about case.the court will reopen the case as every person has right to present her side before court although she is guilty of not receving the summons & already know about the the case as she is being a lady.
