Section 9 v/s caw power

The first decision you have to make is whether you need to continue this marriage or this marriage cant continue.

Conversion of CAG complaint into FIR would mean that the marriage cannot be worked out now and then there would ne no chances of reconciliation. The things in possession of the husband could be recovered once the FIR is registered and the Hiusband and familhy appears to seek bail before the court.

 

 

 

Originally posted by : Pankaj
	On 6th July 2012 my sister filed a case in CAW cell to save the marriage XXX Thereafter Mr. Husband from the MZN Uttar Pradesh issue a summon U/S 9 XXX   1. Is MZN is a eligible jurisdictions to issue summon U/S 9 of HMA by  her husband when Take: No, one of the district Court in Delhi is Jurisdiction. And he wants your sister to spend on legal fees and go to SC to transfer the same.     2. What should be our next step in CAW cell as the period of 4 month is still not over ( I am sure Mr. Husband will not come in next date of CAW cell too)? Can we ask them to register a FIR although the period of 4the month is not yet over? Take: In opening sentence above you are writing that your sister filed a case before CAW cell to SAVE MARRIAGE. So why on earth your sister should go ahead to break her own marriage by now pressing for FIR? So it means her plea before CAW cell itself is false! 3. What is the best legal way to recover the CAR, which is in illegal possession of MR. husband ,registered in the name of Girl’s father as she need it badly for her official and to take care of her new born baby ? ( Girl asked the CAR in front of IO of CAW cell but Mr. Husband bluntly refused to hand over) Take: For the same through civil suit is enough to recover Car given in marriage why go and file criminal suit against your own husband to recover a car given in marriage?. If she is interested to break marriage then via FIR she can later on recover Car i.e. at the time of BAIL proceedings is what I mean but then her marriage will not get saved. 4. Any other legal advice is also welcome Take: None as she needs clarity what she wants out of her marriage.

 

 

Thanks Sanjeev for your prompt reply.

 

A father never married her daughter with any intention of divorce and with this feeling only we filed a case in CAW cell; otherwise we may approach the court for divorce directly.

 

 

 

Even before filing a complaint in CAW cell the elders of both sides sit twice to resolve the problems arises. But always after 2-3 months things are same.

 

 

 

Even today we want to make the marriage to work but Mr. Husband and her parents are showing very abusive attitude.  But at same time we are ready for the divorce also if they resist on this attitude. 

 

 

 

Thanks TajobsIndia for your professional advice.

 

Besides saying that “trusts me it is a genuine case” I can’t provide any evidence on this forum.

 

One point I skip (actually intentionally) to mention that today only we receive one more summon of MZN court but on this nothing was mentioned like section or what’s the allegation was made. (we are scared that it must not be of divorce as earlier told by Mr. Husband).

Thats why today i was bound to seek open advice on this matter about what to do?

in todays times the problem and main reason for failure of marriages is that both sides husband and wife are highly egoistic and no one is ready to bow down and work out a solution for saving the marriage and for the bright future of the child who is innocent and dont even understand the issues in life.

it may be fault of anyone but now no force whether of court or CAW would solve it....it cabn be solved only between the families otherwise its closed chapter. the reason for sec 9 is clear he wants to save himself from the sec 498 threat that has been hanging on his neck.

the situation is that you might have filed a complaint in CAW to make him feel frightened and compromise but that has made him more determined to not to cooperate and make your attempt via police to put pressure fail.

 

there is nothing against you tht i wrote but its by experience that i know tht if you try to bring police or court to solve or insert pressure the husbands get uncoperative and get into fighting spirit tht is evident from your case. someone would have advised you to file CAW complaint and thats the biggest mistake if you want to save the marriage.

Appreciate your public remedies grasping spirit. I never ask evidence from any queriest and why shall I, unfortunately all my replies are too straight forward and they give that color as construed even by you.

Nevertheless if you want clear straight advise to your last direct reply to me then just follow these;

1. Pull out present complaint from CAW cell.
2. File S. 9 HMA + S. 24 HMA for child in Delhi at one of District Court jurisdiction where your sister and child ordinarily resides.
3. File preliminary Objections at MZN district Court to dismiss his S. 9 HMA as it is barred by jurisdiction.
4. A lady earning 12L r/w have given 15 L as stridhan as you say can easily afford a second hand car for the duration of S. 9 HMA + S. 24 HMA is my view. So buy her one.

Reasoning (colly.):
A. Once CAW case pulled off the "scared Mr. Husband” may think otherwise and may give his marriage another chance having already tasted tiny glimpse of CAW (police) r/w Court (MZN).
B. Once lady files S. 9 HMA + S. 24 HMA it will give signal that she has hope of harmony in matrimony to her husband and make situation less volatile for a Mr. scared Husband.
C. Based on filing preliminary Objections to his S. 9 HMA at MZN District Court it will get dismissed. (No comments on un-titled second notice I want to make as its content are not known even to you.)
D. Car as you say is in his FIL's name so it will still remain road worthy and it will not be sold of to in Bihar or Nepal boarder till some Civil case is on Mr. scared Husband's head and till Registration papers do not change hands, anyhow even if it is sold out the proof of Registration is in his FIL name is enough later on to recover compensation money from Mr. scared Husband in a Civil proceeding. If not satisfied with this remedy since the car may be a BMW brand then along with S. 9 / S. 24 HMA ask her to file a simple Restraining / injunction Order application i.e. "not to sell / dispose said car till finality in HMA cases". You can even get this pased as ex-part Order believe me this is Delhi.
E. If you say and I take all your saying on their face value i.e. on your sister’s hopes and hopes of making her marriage work and then if it does not work then she can even take divorce route then with her S. 9 HMA + S. 24 HMA + car restraining Order she can ask Civil Court's assistance for Restitution of her Conjugal Rights + maintenance for child being co-extensive she can show glipse of Civil remedy doors to Mr. scared Husband that no matter our marriage may be going on the rocks but you cannot shy away from child maintenance sicne you are shown to be earnign 1.2 L too. Now Mr. scared Husband cannot say NO to RCR as he has already earlier filed (later assuming it to be get dismissed) a S. 9 HMA at one point of time in MZN Jurisdiction (his parents place) so he now cannot convert his wrongs into good to yoru sister's RCR plea which is one inference. The second point here as beauty of S. 9 HMA is that if it goes into your sister’s favor then she can Execute its Decree in a Execution Court and seek summarily attachment of all his movable and im-movable properties as well as his salary / EPF too directly from his office. She can post RCR Decree and or at any point of its adjudication phase i.e. during Decree proceeding stage can also launch S. 27 HMA Petition for return of all her stridhan and all her properties left behind under its recovery route in Civil litigation domain = return back. So what all other balls one needs to squeeze at the end of the day of an scared husband when all such remedies via CIVIL routes are available right infront of you, that now you want a new mother minus a car to be pushed into CRIMINAL litigations route with thoughts of DV + possible 498a / 406 IPC ?. The third point here is later under 1 year of passing decree in RCR she can convert her RCR decree which assumingly if non-complied into that of Divorce decree this is case where husband does not join her matrimony post RCR decree.

You may say all these will take ages to get "justice" to my sister so tell yourself does filing criminal cases gets adjudicated on weekends kya !

You see your so called advisers are over smart according to me - why – bze you yourself mention in one breadth she was tourtured (agreed no question I want to ask to her I take her words as gospel) then in another half breadth of hers you say she wants to retain her matrimony and same time you want her to take another breadth from her other nose for DV Act R/w FIR = I mean what kind of pranayam you want ladies to explore in societies thy name confusions left and right???

Think and answer to yourself after re-reading straight reply calmly.

Addendum:
One case in hand = one legal fees outflow = less monetary and crazy running around burden on your sister’s mind, body and soul when final thought is that divorce also is OK with us ji.

That is how smart educated working woman with baby in arm should receive empowernment training in their matrimonial litigations and not left and right when a newborn she has in her cradle minus a car for the baby which you say above is my straight forward view = like reply then act accordingly if not then this forum has unlimited bandwiddth and you will get other advises too via open replies or via PM which may not concern me at all with my above straight forward un-popular THREAD BARE TRUTH.

Originally posted by : Pankaj
	Pls guide me on following points with proper section and case laws if any:   1.       Is MZN is a eligible jurisdictions to issue summon U/S 9 of HMA by  her husband when   a.       Marriage was held in Delhi   b.      wife is living in Delhi only   c.       Husband too lives in Delhi for past 3yrs although parents are in MZN.     NO. SECTION 9 CASE DOES NOT LIE IN MZN.  BUT FOR PROVING THAT FACT, WIFE / HER ADVOCATE  HAS TO APPEAR IN THAT COURT AND FILE APPLICATION RAISING THE PRELIMINARY OBJECTION OF MAINTAINABILITY.  OTHERWISE, IF SHE FILES ANY MATRIMONIAL CIVIL CASE IN FUTURE IN DELHI / IN ANY OTHER PLACE PERMITTED BY LAW, SHE CAN APPROACH THE S.C. AND ASK THE TRANSFER OF THE CASE TO THAT PLACE WHERE SHE FILED HER CASE.       2.       What should be our next step in CAW cell as the period of 4 month is still not over ( I am sure Mr. Husband will not come in next date of CAW cell too)? Can we ask them to register a FIR although the period of 4the month is not yet over? CAW COMPLAINT, AT THE INSISTENCE OF WIFE CAN BE TURNED INTO FIR U/S 498-A, WHICH WILL ULTIMATELY NEVER ALLOWS THE PARTIES TO RESUME MATRIMONIAL LIFE.  IF THE WIFE DECIDES, ENOUGH IS ENOUGH, THEN ONLY SHE SHOULD INSIST THE CAW CELL TO REGISTER FIR.  BUT ONCE FIR IS REGISTERED, REGARDLESS OF THE RESULT OF CRIMINAL CASE U/S. 498-A, THE MARRIAGE LIFE / CORDIAL RELATIONSHIP WILL COME TO AN END AND THERE IS NO TURNING BACK. SO THINK 1000 TIMES BEFORE INSISTING FOR FIR.       3.       What is the best legal way to recover the CAR, which is in illegal possession of MR. husband ,registered in the name of Girl’s father as she need it badly for her official and to take care of her new born baby ? ( Girl asked the CAR in front of IO of CAW cell but Mr. Husband bluntly refused to hand over)  THERE IS A SIMPLE WAY TO RECOVER THE CAR AS WELL AS ALL OTHER STRI-DHAN ARTICLES, WHICH ARE IN HIS POSSESSION AND HE IS RELUCTANT TO PART WITH.  IF THE CAW CELL, WITHOUT REGISTERING FIR FAILS TO RECOVER SUCH ARTICLES OR OTHERWISE THEIR PERSUASIVE SKILLS WILL NOT BRING ANY FRUITFUL RESULT, THERE IS A SIMPLE METHOD TO RECOVER THOSE ARTICLES VERY SPEEDILY. FILE DOMESTIC VIOLENCE CASE ALONG WITH THE PROOF THAT THE CAR WAS PURCHASED BY HER OR HER PARENTS/BROTHER ETC.  IN THIS ALSO FILE THE LIST OF STRI-DHAN ARTICLES, SHOWING THE PROOF OF THEIR PURCHASE BY HER/HER RELATIVES AND SEEK DIRECTION FROM THE COURT TO RETURN THEM TO HER.  DOMESTIC VIOLENCE CASE CAN BE FILED BEFORE THE METROPOLITAN MAGISTRATE AND SHE WILL GET THEM BACK VERY QUICKLY.     4.       Any other legal advice is also welcome

 THE HUSBAND IS MONEY MINDED AND FORCEFULLY ENOYS THE CAR PURCHASED BY WIFE AND PUTS ALLEGATION AFTER ALLEGATION THAT SHE HAS BEEN SPENDING HER SALARY ON HER PARENTS.  HE LIES ABOUT HIS INCOME BEFORE THE MARRIAGE AND THERE IS A GREAT GULF BETWEEN THEIR SALARIES.  IF IT IS NOT DOWRY DEMAND THEN WHAT IS DOWRY DEMAND.  HE/HIS RELATIVES KEEP THE POSSESSION OF THE STRI-DHAN ARTICLES OF THE WIFE, WHICH IS ILLEGAL AND THEIR ATTITUDE IS ARROGANT.  HE AND HIS PARENTS DO EVERY ILLEGAL THING IN MATRIMONIAL LIFE.  EVEN THEN, WIFE IS ASKED TO PUT BEAR ALL SUCH ATROCITIES.  

SHE IS IN A SOUND FINANCIAL POSITION AND SHE CAN AFFORD A GOOD ADVOCATE.  ENGAGE A VERY GOOD  AND HONEST ADVOCATE, WHO IS SENSITIVE TOWARDS WOMEN'S MATRIMONIAL PROBLEMS.  YOU WILL GET GOOD AND CORRECT ADVICE.

WARM REGARDS.

Thanks Sanjeev , Tajobsindia and Chandu for your legal advice.

We have hired advocate in MZN and 2marrow is DATE for the case filed U/S 9 HMA. I will surely update here with the proceedings happened there and their behaviour 2wards making the marriage happy or otherwise. Also what case they have filed by issuing the 2nd summon to us ( nothing is mentioned on the face of it.)

Many Thanks
 

Mr. Sanjeev agreed with you on almost all points that you mentioned. As I already mentioned that even before approaching to CAW cell elders of both families sit to resolve the issue. This in 2yrs of marriage happened twice. But after 2-3 months things are same. And we bound to approached to CAW cell bcs this time Mr. Husband put his hand on my sisters neck and when my sister said tht I will call 100 no he snatch her mobile and he himself call his father (father –in-law) about the incident. And Mr. Father in law also took the side of falsehood and threats my sister. Many other things happened as well. We don’t need anything but just to save the marriage but how can we just throw our sister knowing all such facts? Pls guide for the best possible way