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Rishi kumar   30 August 2017

Section 91 of hma

Can the OP file section 91  under HMA against my mother who completely owns a business where I was working previously?



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 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 August 2017

Your question is not clear. Kindly eloborate.

Rishi kumar   30 August 2017

Sir, 

i have filed for divorce for unconsummated marriage under section 12(1) (a) R/w 13(1)(ia) of HMA. I have all the medical reports for the same. She has countered with 498a and DV. Trial is going on in DV. She has submitted her objection in divorce case after one year stating that she wants to come back and live with husband as a true Hindu wife. And for good measure added some funny charges.  Now, OP lawyer has told my lawyer that she going to file section 91. Does it come under divorce case or is it something coming under 125 crpc?

My mother completely owns the business where I was working previously. I was working as an employee till the beginning of last year. Now I am employed elsewhere. 

If at all she files Section 91, is it maintainable?

Has the court got the authority to call for the documents of my mothers business?

And if at all she is going to file these cases why would she have to reveal it to my lawyer?

May be to browbeat us?

Can my mother and other family's members be made a party in 125 crpc like she did in DV  and 498a?

like in DV case is maintenance decided solely depending upon the income of the husband or will they consider my parents income or assets?

kindly throw some light

Adv Radhika Mehta (Advocate)     30 August 2017

Originally posted by : Rishi kumar

Sir, 

i have filed for divorce for unconsummated marriage under section 12(1) (a) R/w 13(1)(ia) of HMA. I have all the medical reports for the same. She has countered with 498a and DV. Trial is going on in DV. She has submitted her objection in divorce case after one year stating that she wants to come back and live with husband as a true Hindu wife. And for good measure added some funny charges.  Now, OP lawyer has told my lawyer that she going to file section 91. Does it come under divorce case or is it something coming under 125 crpc?

I believe you mean Section 9 and not 91 of the Hindu Marriage Act which is for Restituition of Conjugal Rights which is to say that your wife has been, for no fault of hers, been deprived of the love, affection and company of her spouse i.. you and is therefore approaching the Court to grant the same. 

My mother completely owns the business where I was working previously. I was working as an employee till the beginning of last year. Now I am employed elsewhere. 

If at all she files Section 91, is it maintainable?

It is a Petition like your Petition for nullity.  Both the Petitions will be clubbed and heard together. 

Has the court got the authority to call for the documents of my mothers business?

Since you are not an employee, no. 

And if at all she is going to file these cases why would she have to reveal it to my lawyer? May be to browbeat us?

Its not that a big deal.  Dont fret over it. 

Can my mother and other family's members be made a party in 125 crpc like she did in DV  and 498a?

No. 

like in DV case is maintenance decided solely depending upon the income of the husband or will they consider my parents income or assets?

No they will not, if you are independent from the family business and having independent income

kindly throw some light

 

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