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Raj Sharma (Sharma & Sharma Co)     06 November 2012

Filling of section 9 in different court

 

Dear Forum members,

We got married 7 years back in Arya samaj temple in Delhi , due to some misunderstanding my wife went back to his parents home in Kanpur 3 months ago. I tried hard to make her understand to come back but no luck.

Her parents were planning for her 2nd marriage without divorce, when i told my wife it will be difficult for her to go for 2nd marriage without divorce then she filed a case in Kanpur court (probably divorce case but not sure yet because the summon i received last week doesn't say anything about what law section were imposed on me, it only say to appear before court on a particular date  )

As i am living in Noida so i am planning to file section 9 (RCR) against her here in Ghaziabad court. So please suggest me where to file section 9 in Ghaziabad, Delhi or Kanpur.

Also please provide any other suggestion that is good for me to go ahead.

Regards,

Anurag



Learning

 2 Replies

Raj Sharma (Sharma & Sharma Co)     06 November 2012

Dear Members,

 

Please give your valuable suggestion. I need to file case in a day or 2.

 

Regards,

Anurag

Tajobsindia (Senior Partner )     06 November 2012

1. From your brief it is not clear what is your long term remedy you want to present to yourself out of a 7 years marriage. it is long marriage and only incidence relates to just 3 months back as per your own brief.

2. S. 9 HMA is a stop gap toothless option but same can be said (expressed) via affidavit (or during concealing) also in the case some court Notice you have already acknowledged. I don’t see now the strategy behind S. 9 HMA ?

However S. 9 can be filed where marriage took place (Delhi) or from where you two last resided more than 180 days continuously and respondent (wife) left from that cohabitation place (assuming it is Noida as it is not clear in your brief if she also resided with you in Noida).

3. As a alternate which I call "sniffing exercise" board morning Shatabdi ex Delhi and go to concerned Court and talk to concerned Court staff in his staff room and tell him to assist you with nature of case first and return back same day back to home after discovery and then prepare your strategy / grounds.

By following suggested mode your current investment is on return train ticket to
Kanpur r/w one working day leave from your S/w professional job and some snacks money spent at Court. Atleast you are now not in dark about nature of typical Case against you and even if it is a complaint (extreme discovery by chance) case then before date of next hearing by mere talking to the Court staff in h/er staff room you will not be arrested (if such fear is there over reading Law) and you can apply for Notice Arrest which is prevalent in UP beforehand or alternate would be to send someone else before next date of hearing to find out about the nature of Case whose notice you say you already acknowledged.

Atleast by these exercises you will save greatly in next 1-2 days on money spent in hurried local lawyers hiring and giving instructions to a case filing later to discover it was toothless and meanwhile reverse discovered that the Notice was for some sowry related case and not divorce which you thought it may have been
J !

Act smartly being from S/w field by applying Law of analytics not sentiments and emotions of heart. 


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