keshav (manager) 05 February 2011

CAW and sec9 simultaneously??? plz plz urgent advice

dear experts,

i am the respodent of sec-9 HMA. few months back she filed a complaint in CAW. i clearly told tehm my plans dat i need divorce, still adamant to divorce. CAW is in process of filing FIR (i just asked CAW oficial personnaly, but still FIR not filed, they demandng dowry list and oder formalities from wife), yesterday i got summons of RCR-sec9, from district court of place where wife resides...

(a) is it possible , as still case in CAW cell and she filed RCR??

(b) CAW people have no idea of RCR filed by my wife.

(d) now wat shuld we do, as i m doing job about 3000 kilometers far away the place where wife lives and case is filed

(e) can we file divorce case??

plz plz tell or mail me guptakeshav2916@yahoo.in

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1 Replies

Tajobsindia (Senior Partner ) 05 February 2011

@ Author

1. She is basically insisting to live with you and due to some un-tried differences facts she was made to approach CAW cell is what she is claiming by her actions.
2. By filing S. 9 HMA she projects the above image and in-turn may be trying to build indirect pressure for criminal charges upon you is also flip view.
3. In my opinion let her RCR go ex party if you have resolved not to bring her back.
4. In my opinion it is not binding to participate CAW cell hearings. A postal reply to alleged complaint will do with service of Notice of Divorce executed via CAW cell itself will set the clock straight of your intentions. You may bring to the notice of CAW cell the RCR.
5. File Divorce if you have real intention to divorce her and has backing of provable facts and also keep prepared for a long innings in Court visits (dates upon dates).
6. Otherwise reconcile with help of counseling and ironing out minor differences in your marriage which in long run is much cheaper option.