Hi,
Is it mandatory to be physically present while filing the Section 9 ?
baba (other) 27 October 2013
Hi,
Is it mandatory to be physically present while filing the Section 9 ?
Laxmi Kant Joshi (Advocate ) 27 October 2013
No..it is not mandatory if you have hired a lawyer he can take your sign where ever necessary and file behalf of you. But do check all the drafting whether it is correct or not prior to signing.
@ laxmikant,
could you please elaborate that how it is mandatory to be physicaly present before filling?
baba (other) 27 October 2013
Thanks 'Laxmi' & 'Every Sufferer..." for the prompt response.
I do see 2 different views exactly opposite and really confuse now.
So if i need not to be present while filling the section 9, then what would be the consequnces.
The fact is
We had arranged marriage (approx 4 years) and since then we lived togeather(not with my parents, because of of the job location). After that because of work assignment we(both) went from out of india. Sometimes we had small urgument (because of the each other families) but it never cross any limit. Recently we visited India (Due to family emergency) but after that she went to her parent's and didn't came back. I tried all my level best to bring her home (Sent email/messages/went to her home) but her parents view are totally different. even last time when i went to meet her her parents didn't allowed me to talk to her, and now the situation is there is no communication between us. She never replied to any email/messages.
I am not sure what their plan is and what they are thinking but really need to know about following things
What are the possible options for me ( I know i will keep trying to bring her back for some more time) but in worst case scenario if they are not ready then what i can do. If they are thinking about the money/property then what all are the best way to handle the situation
Thanks
gautam (not disclosed) 27 October 2013
did they give any reason for not allowing you to talk to her? did you ask them, in such a stalemate situation, what is it that they want from the relationship?
i guess you should try that and record the conversation? don't be aggressive when talking to them. Ask them if they don't allow your wife to talk to you, what does that mean? assure them that you want the relationship to continue
Try by all means to talk to your wife in person before taking any legal step
if all fails, then you can go for RCR and be prepared for all false cases from wife if she does not want to return
meanwhile, you should engage a good lawyer, and try applying for anticipitary bail in case ur wife decide to use 498A. now that the marital discord has been experienced with elders of her side supporting her, you need to be extra careful for any future eventuality.