sandeep sati 13 December 2017

Divorce after decrre of Sect.9, DV case and maintenance

(Husband)
Dear sir
I got married in 2013 and my wife left from my rented house in 2016 where me and my wife live as she dont want to live with my parents.

Initially first step taken by me:
I am pvt. employe when i came for lunch my wife start quarelling with me because i am talking with my sis and she don't like this within 1and half hour her parents arrived at my hose and start abusing and quarelling with me. Finally they go to local police station where they start telling lie like: my husband trybto kill my daughter with knife and he burn my hand etc. as she is telling lie there is no injury of life and limb.Police tried to compromise but they are to tempered and we left out from police.

After this i start legal proceedings apart if she want she can join.
1. I file complaint in women cell, She receive three notices and refuse to appear in counselling after receiving notices and file closed.
2. She file after closure of my counselling a complaint in women cell wherevwe both appears but no reault file closed.
3After that she file a complaint in mahila.ayog where we both appear and results no conclusion and file close.
4. I file sec9 and court ordered expartee as she receive notices and not appear in court.
5

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sandeep sati 13 December 2017

5. She file DV act and interim maintenance and the maintenance ordered and i am paying it regularly.Now they are avoiding the jirhe, Behas and evidence in court.
6. I file divorce and send notice to there permanent house but ther are not receiving and send it back with comments incomplete address.
7 She donot want to live with me and nor she want to divorce only she want maintenance
Queries:
1 she is not appearing in Dv court why?
2. She is also not appearing in divorce why?
3 How sec 9 decrre helps my case?
4 How much time divorce takes as she donot want to live with me and also donot want divorce.

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Adv. Aditya (Litigator GROSON ADVISORS) 13 December 2017

1. Reasons best known to her. Maybe she only wanted maintenance amount, which she is getting now and wanted to pressurize you.

2. Reasons best known to her. Maybe she wants a huge settlement amount, after which she will agree to file a mutual consent divorce together. But nevertheless, appropriate steps can be taken for her appearance before court.

3. Only way i can see sec 9 helping you is to show your conduct that you are still willing to rejoin with your wife, even after her false cases against you which were only to seek money from you. I say this in the spirit that there is no cruelty meted out by you, knowingly. Broadly section 9 means, according to your case, that you want your wife to rejoin you in the matrimonial home, in this instance, the rented home. But why file this, if you are to file divorce. Only one reason I see, which is, you intend to show your conduct that no matter what your wife did, you still hoped and wanted to live with your wife.

4. it may take roughly from 2 to 4 years.