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Shailendra K Jain (Self)     25 February 2016

Judicial sepration in divorce proceedings

Married in feb 2009. Wife refused to come back to me in november 2009. I filed section 9 ( HMA ) for restitution of conjugal rights in feb 2010, my wife counterblasted with DV in feb 2010. After which during the pendency of section 9 when it became ex-partee she files divorce . Both the cases she filed in Udaipur Rajasthan and section 9 was Filed in Kota Rajasthan. RCR decree Awarded in Augst 2010. DV also got in my favour in absence of domestic relationship in 2013.  Finally Judge awarded Decree of Judicial seperation in feb 2016 at Family court Udaipur. Judgment copy not received till now but judge said giving time to reconcile and hence not dissolving marriage but seperating Judicially. How to oppose divorce as Wife is free now and probably she will get divoce on non-cohabition as she is working in ahmedabad since 2006 and i donot know address and other details of if flies out of India. Challenged the divorce on basis of territorail jurisdiction which was rejected by court by telling that she has right to fight from her parents place though she has delberately accepted her working in ahmedabad since 2006 but pleaded if she leaves job she will come back to udaipur.



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 2 Replies

KS Johal   25 February 2016

Your statement is very clear but I'm not sure what you are asking?

Shailendra K Jain (Self)     01 March 2016

My querry is Judge is played on special powers, how to take stay on judicial seperation as my wife doesnot deserve the Judicial seprtaion and divorce after screwing me using influence and money. So i need advice how to crack down the judicial sepration. 498a she couldnot institute FIR, DV she lost , I have section 9 Ex-partee decree which i got as she has accepted she deliberately avoided the proceedings rather made a counterblast of DV and Divorce.

So need a counteraction plan and lawyer support in High Court Jodhpur. My reliance to challenge the Territorial jurisdiction was CASE NO.:
Appeal (civil) 3268-3270 of 2005
PETITIONER:
BHAGWAN DASS & ANR.
RESPONDENT:
KAMAL ABROL & ORS.
DATE OF JUDGMENT: 11/05/2005
BENCH:
CJI G.P. Mathur, P.P. Naolekar
JUDGMENT:
JUDGMENT
(Arising out of SLP) Nos.1920-1922 of 2003)

 

Which clearly de-facto residence should be applied for deciding the residence not the permanent residence or de-jure residence,

Regards,

Shailendra K Jain


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