KARAN SINGH (SERVICE) 26 February 2013

Framing of issues in sec 9

dear sir;

please forward me your expert drafting of sec NINE notice in a case where wife had filed sec 13 ia and husband sec 9 ;

as per the advice of my council sec 9 should not be reflecting cruelitieds commited by wife as such :-

(a) her desertion from matrimonial house.

(b) denial of visitation/speaking to daughter for past 18 months;

I request how to bring out the facts so that at a later state the cruelity done by her is brought out and it becomes a trade off to bargain alimony at a later stage for divorce in case sec 9 does not succeed

regards

KAMAL

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9 Replies

KARAN SINGH (SERVICE) 01 March 2013

hi ; please advice

rajiv_lodha (zz) 01 March 2013

Whosoever spouse files Sec9 case, automatically CONDONES HER CRUELTIES in black n white. So ur plan has gaps wide open. Set straight ur aim & put those applications only which reflect ur real intention. Do nt fall in RCR trap

Msk-need -nuetral- laws (self) 02 March 2013

I explain Rajiv post with alternative words.

RCR is not to put blame, rather a seeking to correct one mistake and requesting to come forward to peaceful married life. So narrateall true incidents and request to mend

KARAN SINGH (SERVICE) 12 March 2013

dear all;

Agreed sec 9 is to condone .

however its a must to escape alimony and maintenance at least to reduce its severity when wife still doesnt want to join

please comment

KARAN SINGH (SERVICE) 13 March 2013

DEAR EXPERTS

YOUR COMMENTS PLEASE

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 March 2013

Dear Karan

RCR is not only a settlement procedure but also to show the intention of party, rcr is very effective in all the situation, as RCR is useful in maintenance case, in divorce case, in dowry case, 498A case. it is also a ground for divorce.

Feel free to Call

Msk-need -nuetral- laws (self) 13 March 2013

If you have decided not to take her back in your life time, then plain RCR is no use as suggested by your counsel. Hence winning RCR by exparte does not make any big imapct in your case as your wife already moved to court with divorce pettition. It is helpful only if you are initiator and win RCR decree,and then Div is filed by either one of you, then whatever learned adv Nadeem says will be possble, in your case wife moved already Div pettition and you/your counsel thinking with reducing maintenance is not productive. If there are other views with explanation, happy to listen. Thanks.

KARAN SINGH (SERVICE) 13 March 2013

Dear MSK;

just think over the situation say suppose i win RCR and then sec 13 auto gets quashed and then after1 year you get auto div

since lady fails to abide by family norms hence..........

regards

Msk-need -nuetral- laws (self) 14 March 2013

Hmm.. lucky to go that way though seems rare to me. How confident that her div pettion will be dismissed? what if your wife turns back once divorce pettion is dismissed? How sure are you? What if she comes to you as per RCR and later creates DV and 498a? there are many what if's you need to put in excel and make algorithm for this. Because not much details were wriiten about your case.