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ANEESH TRIVEDI (ADVOCATE) (Advocate)     25 January 2013

Exectuion of sec09 rcr

I won sec 09 RCR in feb 2010, my wife came and delvierd and baby on 5 may 2011 and again she left with baby on 8 june 2011 with no reason egostic problem lot of 1000 of uselss allegation , all mediation get faile till now, i applied for Execution of sec 09 RCR 0n 24 jan2013 notice are going to served soon case get registerd so first phase clear now my question is ...

is execution of sec 09 work effectively ?

in case  [a] she is ready to come then what process is to be followed?

[b] if she refuse to come then what process is to be best in future?

i need ruling and citation ; judgements reagardign executions.

also suggestion are welcome.

i know mr. Rajeev loda in always not in favor of sec 09 but i still say sec09 is helpful. if  applicant win.



Learning

 2 Replies

Tajobsindia (Senior Partner )     26 January 2013

 

 

Originally posted by : aneesh trivedi

 

XXX

is execution of sec 09 work effectively ?
Take: If Husband files Execution definitely respondent / wife will be ordered to comply i.e. return back to husband. But if wife does not comply then the later on husband has 'ground' to seek divorce due to non-compliance of Execution order. But opposite is more suicidal where in a case wife has Decree under S. 9 HMA in her favor then in its Execution she can get attachment of salary, property of husband as well as can also seek alimony / pm maintenance along with compliance order to husband to take back wife.

in case  [a] she is ready to come then what process is to be followed?
Take: If she is ready to join back then you have to make arrangements for her return there is no garland, arti, tikka that Court expects husband to arrange !  

[b] if she refuse to come then what process is to be best in future?
Take: I have detailed above, you have option to seek divorce later on due to her non-complience that is all is remedy available to a husband.

i need ruling and citation ; judgements reagardign executions.
Take: Execution of Decree is a simple 2 page format available for download under Forms / Download of any State's HC official website. help yourself as per your Jurisdiction. For the same why you need Judgment and what a Judgment will help you now when all that you are proceeding ahead is for Execution of Decree under S. 9 HMA !

also suggestion are welcome.
Take: I have written what is specific for you to understand. Rest are available in Law Journals help yourself if confusion still remains. 

 

ANEESH TRIVEDI (ADVOCATE) (Advocate)     26 January 2013

Originally posted by : Tajobsindia

Originally posted by : aneesh trivedi
XXX
is execution of sec 09 work effectively ?
Take: If Husband files Execution definitely respondent / wife will be ordered to comply i.e. return back to husband. But if wife does not comply then the later on husband has 'ground' to seek divorce due to non-compliance of Execution order. But opposite is more suicidal where in a case wife has Decree under S. 9 HMA in her favor then in its Execution she can get attachment of salary, property of husband as well as can also seek alimony / pm maintenance along with compliance order to husband to take back wife.

response:--yes this is correct, i husband filing this execution as i won sec 09 RCR. and her coming or not coming both will be beneficieal as per law view, here i just want to know "will it be helpful in false 498A , filed against husband , it is to be noted that husband filed sec 09 rcr first just before one month of her 498A,[I hope surely the order of execution will help in winning 498A ]

in case  [a] she is ready to come then what process is to be followed?
Take: If she is ready to join back then you have to make arrangements for her return there is no garland, arti, tikka that Court expects husband to arrange !  
response: yes the same after marriage it was not arranged so she got angry then she came back after sepration now lets see what happen afere she execution. just to fulfill this egoestic desire this can also be arranged personnaly to save family and kids future.
[b] if she refuse to come then what process is to be best in future?
Take: I have detailed above, you have option to seek divorce later on due to her non-complience that is all is remedy available to a husband.
response: considering this the execution of sec 09 is filed you are correct here.
i need ruling and citation ; judgements reagardign executions.
Take: Execution of Decree is a simple 2 page format available for download under Forms / Download of any State's HC official website. help yourself as per your Jurisdiction. For the same why you need Judgment and what a Judgment will help you now when all that you are proceeding ahead is for Execution of Decree under S. 9 HMA !
response: i had filed a seprate written papermentioned all the happening and oreder of sec09 the citation i was needing only in condition if the case was not registered , as after order she came so sec09 complied but soon after one year she again left with no reason or say egostic reason. for registering the case citation and judgement are required,

One most important point needed is that "time period to apply for exectuion of sec09, we are in confusion that our time period lapse, but thank god case is registerd and now notice are going to serve her".
also suggestion are welcome.
Take: I have written what is specific for you to understand. Rest are available in Law Journals help yourself if confusion still remains. 
response : Here suggestion needed to answer of question that:

will she again use the reasoon of her left is that " she may say 498A is pending against husband and he will get convicted to i left, or again she put false allegation as before etc etc. so in that case will court consider those allegation or her useless replies.

can she in execution also file for maintenance under 24?

THANKING to tajobs india FOR YOUR VALUALBLE REPLY

< << I put this query as it is rare or may be unique and guide others also, like to keep patience and dont go directly for divorce better go by the way of execution process if  directly go to sec 13 then it take time, and chances of maintenance sec 24 or sec 125 will be there.>>>


 


 


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