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hemujain (TTA)     15 March 2011

How to take advantage of 9a decree

Myself Hemant and i am 26 year old.Currently i am working as an engineer in BSNL. I married on 28 nov.2008 with hindu customs,After about one year of marriage I had some disputes in my married life and my wife left her matrimonial home on 24 jan.2010.When she left the house she was pregnant of about 3 months.She gave a birth to a baby girl on july 24,2010.I filed a case of section 9a in family court in may 06,2010.She has been not attending family court hearing from very first hearing,She submitted her reply via her cousin brother on first hearing in the family court.Meanwhile she filed a false case of 498a,406 and 323 in police station on aug.12,2010.I got Anticipatory bail along with my mother and sister in law.Challan in this case has been filed on Feb.18,2011.

I got ex-partee decree in 9a case, Now i want to execute this decree,My questions are as follows

1.) Can i execute this decree when 498a is pending in the other court ?

2.) I want to intimate our community's chairman & members(samajh ke panch) for my expartee decree in 9a case through lawyer so that they make pressure on my in laws family to send back my wife.Can my in laws file defamation for my this action as they can say that 498a is pending and it is lost to OBEISANCE.

3.) As my wife did not file any maintenance case in 125 crpc or 24 HMA, But i want to send some money monthly for my baby girl,How i can send this.I mean legal procedure?I want also assurance that given money should be spent on this baby girl only.

4.) I want child visitation during holidays,Can it possible where i got Anticipatory bail on term that i would not threat to other party,They may impose false allegation for threatening,How would court insure this? Is there any way to get child visitation.

I shall be highly obliged to you,

Thanks

Hemant



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 March 2011

Ordinarily a wife is entitled tomaintenance only when she is in the matrimonial home under her hsuband's protection. If she withdraws herself wilfully from the husband's house and defaults in her wifely duties her claim to maintenance becomes suspended. If there is a justifiable ground, she can claim maintenance while in separate residence.

Legal Fighter (Advocate)     19 March 2011

search "save indian family" on google.com and attend local weekly meeting in your city.


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