Section 9 rcr

Next time when you place queries here use small caps. It looks you are shouting at us for no fault of ours !

1. From the Jurisdiction where you are currently residing.
2. Once done above she may wriggle out [citing S. 19 (i) OR (ii) OR (iii) OR you have trained Cantonments proven Artillery upon her at your Officers mess OR she has not been given any money since marriage nite so she cannot come to your posting place to defend it OR so on so forth * i.e. imagination is typical women’s prerogative so I just leave it just there] by filing a transfer application, be it so, let that second stage cometh.
 

S. 19 in The Hindu Marriage Act, 1955 states as follows;

“S. 19. Court to which petition shall be presented. Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction--

(i) the marriage was solemnized, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, # or

#  Inserted on 23-12-2003 by The Marriage Laws (Amendment) Act, 2003 (50 of 2003

 * Typical grounds taken by wife in the transfer petitions are below. 

- Having a child

- Travel is unsafe being a lady

- Expenses required for travel

- Threat to life at Husband’s place

- Husband is very influential in his place

- Inconvenience to travel long distance

When you come to that stage (means if madam files a transfer petition) ping me we will tell you 6 (six not s*x) counter points with SC / HC case laws how to counter them and come out winning. 

Apologies for the inconvenience. Corrective measures will be followed next time onwards,  however thanks a lot for such a quick guidence.  

Place where you last resided together with your wife, or the place where marriage was solemnised. 

@Learned TAJobs - can he really file it from place where he resides ?????

@ Adv. Bharat sir : That is the only doubt i am having. Being in Defence services I can not reside at one place permanently.

* Typical grounds taken by wife in the transfer petitions are below.

- Having a child

- Travel is unsafe being a lady

- Expenses required for travel

- Threat to life at Husband’s place

- Husband is very influential in his place

- Inconvenience to travel long distance

When you come to that stage (means if madam files a transfer petition) ping me we will tell you 6 (six not s*x) counter points with SC / HC case laws how to counter them and come out winning.

@ tajobsindia

Sir can you please share these counter points  with SC / HC laws so that i can use to defend my case where Transfer petition is filed by my wife.

tajobindia sir i am  also eager to know those points as most of the lawyer fails to defend such legal battle.

@ Pun,

I am aware of your cases as were time to time asked in the forum(s). No where I see your wife filing a transfer petition in SC. Did she file one today evening kya !

@ Aneesh,

Law is a art not science that a dummies book can be made as Bare Guide for all laymen to follow and in reference to context of ld. brothers to act or not to act upon. As and when case facts emerges here around above stated 6 most common grounds I am ready to discuss the same not for collections purposes or to boogie fellow ld. brothers I am keeping my membership account alive. I have great respect from pageboy (munshi) down to established fellow ld. brothers acumen; hence, rarely you will see me stating they do this they do that which of course you as common man may be is allowed to question.

@ Generic,
Coming back to context let @ Sandy get clarified on a very interesting challenge que. ld. Bharat asked me and got reversed questioned by @ Sandy back to ld. Bharat’s chamber, as after all this thread is @ Sandy’s generated one. Learn from such discussions that are acting as law simpalicator as in Igyan for common man away from our idiotic 7 Time Pass (TP) dowry articles LCI is burdened with.  

Originally posted by : Tajobsindia
	@ Aneesh, Law is a art not science that a dummies book can be made as Bare Guide for all laymen to follow and in reference to context of ld. brothers to act or not to act upon. As and when case facts emerges here around above stated 6 most common grounds I am ready to discuss the same not for collections purposes or to boogie fellow ld. brothers I am keeping my membership account alive. I have great respect from pageboy (munshi) down to established fellow ld. brothers acumen; hence, rarely you will see me stating they do this they do that which of course you as common man may be is allowed to question.

resp. tajobsindia sir, i think threre is some misunderstanding , in getting my point , yes i agree it is art , but being a maths /science student i interpet it as " it is a step by step procedure, which leads the out come or result upto expected approximations practically and logicaly [diff is that here equipment and chemicals are not used]" so it is science also as it fulfil defination of science.

sir i am not seeking it for collection as i am not a lawyer and i know law field is very wast it is itself a independent stream like engineering . medical and it is not a faculty.it has its own landmarks like LLB,LLM,Phd, D.Litt etc.......

yes i am very common man and being a "DEHATI [ Villagers]" for this subject curious to know any facts / law which is helpful to me or which just satisfy or give me peace of mind that why i ask the question?

i also suffered sec 09 ,HMA24, and 125 is seems to come soon , during sec 09 preparation i come accorss to many ld lawyer and even to my brother who said "Nahi wife pati ki responsiblity hai, maintenance to dena padta hai aur agar case transfer hoaga to aapko uski court me jana padega".

when my wife divorce in her area then also they all said this. Now see sir i had lost job , reputation, my house was raid by police bank account seize, i had nothing even 100 rs , and then how i can go for dates in her place for dates /hearing and i have to fight various case in my place also very horrible preiod that was? but your people guidance and courage gave me fight , and i fight moraly lastly i set up my house got reputation wife comes back blessed by girl child won sec 09. and that divorce petiotion i wife area they sent notices till ,more than one year wife is with me and then it is sent to record room ,

so here i wish to clear that ld brothers are act like this thats why i want to know those grounds as i have to go for visitation also so it is not my querry for just collection it is for my proceeding steps.

i respect and salute your straight forwrd way of impartial dealing, really you are doing great work by guide to simple common people , and you can also see that i also try to help the people by my experience my suggestion are not too much leagal any how they will give peace /relax to those who just suffering from that state and in anxiety ask s one question  many time as they are confuse? or they ask irreleavant imaginary question just like what will happen if she/he file this and that?As it is the state of mind i had also suffered and i did like that 24 X7 only these question disturb the common man.

so sir please dont take it otherwise and i am a sufferer and will not going to establish my self by collecting facts in the law field. i was law student in 1997 did first year and failed in 7 papers out 8 papers, and then joined M, ed. i am a teacher. i was in news paper on tv channels when my wife filed 498A as a terrorist and delhi CBI came to investigate.my laptop and mobile documents are seize by police , and in custody for 4 days they called it as remand.

so i am here just a kid who some time asking foolish questions/ repeatedly , so please dont get irritated also?

and heartly thanks for your kind guidance.

Thanks a lot everyone for  useful masseges. Let me clarify my case to you. My wife has deserted me from last posting unit in Mar 2007. She went to her parental house and never turned back,  even after many attempts made by me and my relatives. She is from Delhi and she always wanted to stay with her parents to avoid my posting unit hence demanded she should be allowed to live in my parental house so that she can be in constant touch with her mother who is my wife's mentor and guide. Now with no option left in Nov 2011  I submitted a written application in local Police Station for assistance. In counter attack my wife filed a false DV act case against me and my family stating incidents from dec 2003 to mar 2007. On second hearing when judge asked her if she is willing to continue the marriage my wife strongly and rudely refused to stay with me at my posting unit. Next hearing will be  arguments for interim.

As my wife has made her mind she donot want to stay with me, I want to file Sec 9 RCR. That's why I asked whether I have to go back to last posting unit or I can file it from my present posting unit.

@ tajobsindia sir ..; Red line is understood but the lines after that are not very clear to me. Sir please explain in simple words as it is very important to me. Does my case fulfills conditions mentioned in black line

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.”

Note:-

Below reply is based on your openning query read with assuming marriage took place at Delhi, parties last resided at previous posting place and currently the queriest (petitioner/husband) is residing in present posted place and husband wants clarity to file S. 9 HMA from present posting place.

First I would like to clarify in instance facts Ref.: In Smt. Jeewanti Pandey v. Kishan Chandra Pandey, AIR 1982 SC 3 Hon'ble SC had the occasion to consider the meaning of expression "residence" for the purpose of HMA. It was held as follows;

"In order to give jurisdiction on the ground of 'residence' something more than a temporary stay is required. It must be more or less of a permanent character, and of such a nature that the Court in which the respondent is sued, is his natural forum. The word 'reside' is by no means free from all ambiguity and is capable of a variety of meanings according to the circumstances to which it is made applicable and the context in which it is found. It is capable of being understood in its ordinary sense of having one's own dwelling permanently as well as in its extended sense. In its ordinary sense 'residence' is more or less of a permanent character. The expression 'resides' means to make an abode for a considerable time : to dwell permanently or for a length of time; to have a settled abode for a time. It is the place where a person has a fixed home or abode. Where there is such fixed home or such abode at one place the person cannot be said to reside at any other place where he had gone on a casual or temporary visit, e.g., for health or business or for a change. If a person lives with his wife and children, in an established home, his legal and actual place of residence is the same. If a person has no established home and is compelled to live in hotels, boarding houses or houses of others, his actual and physical habitation is the place where he actually or personally resides."

Assuming that your marriage was solemnized at the parental house of the respondent (wife) at Delhi, but the petitioner (husband) and the respondent (wife) last resided and cohabited as husband and wife at your last posting place which is not the territorial limits of his present posting situated Hon'ble Court when the respondent (wife) deserted the petitioner (husband) and subsequent thereto never came back to the fold of the petitioner (husband), therefore present posting place Hon'ble Court has no jurisdiction to entertain the petition and grant the relief sought for by the petitioner (husband) under S. 9 HMA.

Having said above, by your first facts you were trying to invoke S. 21 (iii) of the Hindu Marriage Act with a view to confer jurisdiction on the District Court where you are currently residing (i.e. your present posting place). Offcourse I admit I said so (i.e. go ahead) in my very first reply and then went on to correlate with transfer applications scenarios as prevalent in Hon’ble HC / SC which now in my opinion was too early a straight solution I placed for your consideration and then all hell loose J  I also see it was also rightly questioned by my ld. brother Bharat and in no limited means to then facts placed by you he could have guessed so, nevertheless I liked his questions. 

Nevertheless, now having placed reliance to law in hand and sections of law under HMA The Act read with further emerging facts I would say it would not be right to file S. 9 HMA from your present posting place as neither the party were married here, nor the party last resided here further you cannot lead evidence to ‘domicile / residence” as this present posting place is still temporary residence. However as far as pleading and leading evidence under S. 21 (iii) HMA r/w S. 19 (iv) HMA which confers jurisdiction to District Court are concerned on 'jurisdiction clause' pleadings in S. 9 HMA petittion matter in instance query you now have two options to choose for filing proposed S. 9 HMA; ONE from last posting place or TWO at Family Court boundaries of Delhi under whose Jurisdiction currently wife (respondent) resides.

Well, I still stand on earlier 6 pointers hint though they now are not applicable in your case having so clarified as above.

However, there is a caveat I would like to throw in now chalte chalte; say your last posting place was Bikaner (now comes under Jaipur Family Court jurisdiction) (where as husband and wife you both resided and from here she left for Delhi) and present posting place is say Jaisalmer (now comes under Jodhpur Family Court Jurisdiction) and since desertion wife residing at Delhi (now Delhi has been bifurcated into several Family Court District Jurisdictions). Now what would be jurisdiction for your S. 9 HMA ? Let us see the application of S. 21 (iii) r/w S. 19 (iv) r/w S. 3 (b) HMA (The Act),  further read with S. 7 and 8 Family Court Act, 1984. Family Court Act is special Act the moment Family Court from time to time opens in a District having population more than 1 million District Court looses Jurisdiction and transfer of family law related cases are viewd interpreting Family Court Act jurisdiction clause thus above caveat thrown for discussion.
[If you like you can spell out last and present posting place names may be via PM if it is confidential]

@tabjobsindia

Thanks sir for rembering my case details. yes I have not posted any query yet related to my Transfer petition case, but it doesn't mean my list of cases is limited to for those I have posted the queries in this forum.

just to clear this confusion, for the first time I am sharing my list of all cases.

1. DV case at wife's parental place

2. Another DV at my current place

3. Divorce case filed by wife at my current place

4. 498 at my current place

5. DV case from my mother against my in laws and wife at my native place

6. Child Custody case from my native place filed by me which is stayed in Supreme court through Transfer petition.

I hope now you will consider my queries as genuine.

Now I request you again to share your experience and strategies for Transfer Petition

On what grounds the stay was granted to her ?

In her application she prayed for stay on based of following grounds.

1. she is mother of 4 year old child and totally helpless as regards defending a right qua the custody petition filed by me at my native place and therefore the petition for custody needs to be transfered to competent court at my current place.

2. she has got inhuman treatment and in view of such treatment she doesnot have the courage to go to my native place as i have threatened her on no of occassions.

3. native place is far away from my current place and its financially and physically impossible for her to defend such petition at my native place. and i am also currenty residing at my current place.

these are the grounds she mentioned in pray for stay and stay was granted...one main point is that she has given her personal reasons for case transfer and stay but no where the jurisdiction is challenged as a ground point for transfer or stay.