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Mandip Singh Bahra (Practise)     20 November 2013

Women above the law

Hello ,

(My friend filed DV)

The husband filed RCR section 9 of HMA ,after one year of proceeding he recalled the case and filed divorce on mental cruelty in April 2013 ,During lok adalats She agreed that she made physical voilence with her brothers and fathers to him ,but want to settle , after two months husband also agreed to settle with her ,But in this month she appeared in front of judge and told that she has not faith upon husband so does not want to join him. 

My question is that she didnt file any WS ,reply after 13 orders of session judge . and want to contest the case .

Chances of the husband to win the case ?

time to consume in proceeding ?

is she not liable in front of court to filed her written statement ?

what if she does not reply even after 2 years?

is she above the law ?

neither she wants to live with husband ,nor she ready to divorce him .. is a part of cruelty ?

Judge passed order during proceeding eight numbers and written two time her absentee ,not filed WS ,and moreover that wife not interested for compromise .

Can husband should ask court to struck off her defense ? bcz she will not response even next one year also ?

should husband go for section 21B of HMA?

If she is not responding next one year even ,,I agree that the (Women) are above the law.......

 

Feedback ,advice will be appreciated 



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 November 2013

Normally courts impose penalty for not submitting written statements in time. There is a limit for everthing for prolonged cases also. Courts will not shut their mouths. Courts will take action on its own discretion. you as an aggrieved person can argue very much about opponent party absents,negligence,etc. and ask to court for ex parte order in your favour.

Mandip Singh Bahra (Practise)     20 November 2013

Thanks for your Advice .. 

But as u defined above Limit .. What is definition of Limits (Time Period or Request by Session judge) 

Mandip Singh Bahra (Practise)     22 November 2013

No more advice ....?????? 


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