Section 9 application notice


Hi, 

 

I approached one of the laywers in Chennai to file section 9 RCR case against my wife under sub-section 4 stating she deserted me and doesn't want to come back. My wife filed Section 125 maintenance case against me from Gujarat and the first hearing is scheduled for 9th February.

 

I requested the lawyer to file Section 9 ASAP and send notice to my wife, if possible before the first hearing of the maintenance case. However my lawyer declined it stating that it will take 2 months to send the family court notice from chennai to my wife in the section 9 RCR case. 

 

Please let me know if this is true and my lawyer is not misleading me. Does it take 2 months after filing RCR to send the family court notice to my wife residing in Gujarat. For e.g, if I file RCR case on 22nd January, the family court notice will be sent to my wife only on 22nd March. Is this true? If yes, can we expedite the process under any law to fast track the application. 

 

In the maintenance case, the date of issues mentioned in the notice is 18th December and I received the notice copy on 26th December. If it's taking 2 months to send the notice, is there a possibility that my wife has been planning this since October. 

 

Regards

Uday

 
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