ravi (Eng) 07 September 2015

Section 18 and section 9 cases by wife

1 year back, my wife left my home on her own wish and went to her parental home.

7 months ago, she filed crpc 125 (maintenance) case against me in her city court.

After that, I had filed HMA sec 9 (rcr) case in my city. She did not appear for any of the last few dates.

Both the cases were going on.

Now, she has filed 2 fresh cases against me in her city court:

1) HMA sec 9 and

2) civil procedure code - sec 18

My queries are:---->>

1) What does her section-18 case mean?

2) What does her section-9 case mean?

3) If I had filed sec-9 case first, how could she file same case in her city court?

4) Now, out of 2 sec-9 cases, which will be continued? mine or her?

- Can't I ask to dismiss her case and continue my RCR case in my city? (as I filed before her).

5) What action shall I take for these 2 new cases?

- What shall I do for Sec-18 case particularly?

Please, guide me with these.

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7 Replies

ravi (Eng) 07 September 2015

Sir..

Please, advise me on these points.

SAINATH DEVALLA (LEGAL CONSULTANT) 08 September 2015

Wife left home on her own wish,can U put in detail?

Section 18 in The Hindu Marriage Act, 1955

18 Punishment for contravention of certain other conditions for Hindu marriage . Every person who procures a marriage of himself or herself to be solemnised under this Act in contravention of the conditions specified in clauses (iii), (iv), 36 [and (v)] of section 5 shall be punishable

37 [(a) in the case of contravention of the condition specified in clause (iii) of section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both;]

(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

When wife leaves matrimonial home due to differences with the husband filing of RCR is the biggest mistake.This leads to lot of other criminal cases to be filed by the wife.