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A query

Guest (Querist) 28 November 2014 This query is : Resolved 
Dear Sir,

Is there any judgement or directive by supreme court that if husband want to file section 9 and child custody case against wife who has already filed divorce in another city,husband is required to deposit Rs. 10000/- per case in the court in the name of wife and only then his case will be admitted for further proceedings.
ajay sethi (Expert) 28 November 2014
not aware of any such judgement
Guest (Querist) 28 November 2014
Dear Ajay Sir,

my wife has filed section 13 (1) case in another city seeking divorce on cruelty,already mediation is failed and case is in argument stage.My lawyer had filed section 9 case in my city for which today was the first date and judge said that i need to deposit 10000/- within 15 days and onyl then summon will be issued to my wife.When i asked my lawyer about this cost,he said SC has ordered that huband need to deposit 10000/- per case filed by him aginst wife which will be given to wife for bearing travelling and other costs.

Also,pl suggest if i dont deposit this amount within 15 days then what are the consequences and also can i withdraw both the cases on my own and fight her divorce case on merit basis or her consent is requried for withdrawing both cases.
Guest (Querist) 28 November 2014
what is the procedure for withdrawing both the cases if my lawyer does not agree to it and can i withdraw them before next hearing date.
Devajyoti Barman (Expert) 28 November 2014
The judge is asking for something which is not prescribed by law.
Challenge this order in high court. The judge would be setback with mouthful from the high court.
Hardik Mehta (Expert) 28 November 2014
Ask judge to give it in writing and also the relevant SC judgement. This is not the court procedure to put the cost for the case. There are filing charges for the case which is of Rs 100, and not 10000. Also, you do not have to file for Section 9, as this is waste of time for husband. No husband will get the relief u/s 9 (RCR), but one can file for child custody.
Guest (Querist) 28 November 2014
Dear Barman & Mehta Sir,
Do you suggest that I should withdraw section 9 and child custody case and fight her divorce case on merits. What should I do if my lawyer refuse to withdraw the case
Hardik Mehta (Expert) 28 November 2014
You can change your lawyer or submit an application to withdraw the case. No reasons needed. You can tell the verbal reason that you will seek counter relief in the case filed by divorce. You can actually file the counter relief u/s 23A HMA in divorce for sec 9 and u/s 26 HMA for child custody. You can also file separate child custody case where the child is staying or where the cases are currently going on.
Guest (Querist) 28 November 2014
Thanks Mehta Sir, I have already filed section 26 case in her city alongwith reply to her divorce petition, can I file one more child custody case under section 25 of gurdian act in her city.do I need to wait till next date for withdrawing section 9 case and can I directly withdraw without lawyer
Devajyoti Barman (Expert) 30 November 2014
Yes, file a fresh case after withdrawing the current one.
T. Kalaiselvan, Advocate (Expert) 03 December 2014
What you that the judge demanded you to pay Rs. 10,000 is unheard of, if you want clarity on the subject, wait for the stipulated 15 days, let the court reject the petition with the reasons thereof and see for yourself if the same reason was quoted for rejecting your case, then you can take up the mater with the high court. I doubt that this is a foul play played by your lawyer, if you suspect one, you may change the lawyer immediately and as others rightly observe, the RCR is a waste exercise, even if you succeed in the RCR case, it may not be effective because you can only draw the horse to the pond but cannot make it drink the water.


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