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Anup (a)     03 May 2010

Section 9 . Whats Next ?

Hi,

 

We have filled application under Restitution of Conjugal rights under Hindu Marriage Act, 1956 section 9. Wife is staying in her parenets house from last 3 years.

Famil court sent this to them and my lawer said that date for hearing is decided on 13-May-2010.

I would like to know what wife's family can do. What options they have. I know they can file case on 498. Can they avoide or negelect court notice and not present in court.

What should we do in that case ?

 

Regards.

 

 


 



Learning

 3 Replies

Parth Chandra (none)     03 May 2010

Of course they can neglect the notice apart from filing 498, DV, 125 etc.....Moreover she can also ask for money to contest section 9 in the same court.

Anup (a)     03 May 2010

As she is staying away for three years. Don't they need to inform their intention to court ? e.g. If they want "Divorse".

What should we do now ? Any suggestion ?

Parth Chandra (none)     04 May 2010

With these biased laws, a MAN can't do much...except

1) RCR (whcih again is not a full proof thing as your spouse may refuse to come even if you get the RCR decree in your favour and court can't force her to rejoin...moreover RCR would take around 2 years to get you a decree)....once you get RCR decree in your favour and if she did not follow it then you can file for divorce afte one year of decree...so all an all atleast 3 years from now (and you are already away from three years)

2) Second option is to file for divorce under section 13 with charges of desertion/cruelty etc....in that if she do not contest then you would get an ex-partee decree after 6 months - 1 Year....but if she decide to contest then it would go for years...moreover she can also demand expenses to contest the divorce from you.

3) I am not sure how many MAN go for this but it seems to be most easiest way.....Find a girl who is ready to live with you without marraige (Maitri-Karar / Friendship contract / live in).....and start your life with her...(though your wife would file false cases against you and would take monthly maintainance from you till she get ready for divorce and remarries)...but you would have to think that you are earning that much lesser :(


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