decree of section9 7 divorce
siranjeet
(Querist) 16 September 2010
This query is : Resolved
my friend got married in 2000 &his wife deserted him in 2007 7 he has 6 yr old son who is living with her .he filed a case U/S 9in yr 2008 7got ex parte decree of section 9 in sept. 2009 , as his wife refused to receive summons 7summons were served through all modes of service as per law like court messanger, registered post & publication in news paper .he filed acase execution of decree U/S 9. now she received summons this time 7 filed a case to set aside the decree U/S 9 OB\N THE BASIS THAT SHE NEVER REFUSED TO RECEIVE SOMMONS &IGNORANT ABOUT THE CASE 1can he file adivorce case on basis of decree u/s 9 as one yr is completed after passing of decree of section U/S 9 while case set the decree u/s 9 by her 7 case of execution by him is still is pending in court
2. if your answer is 'YES' KINDLY give me the case laws in regarding this.
3 as one yR after decree is complete can we should withdraw the case of execution U/S 9 ,IS WITHDRAWAL OF THIS CASE HAS ANY BAD EFFECT AS THEY HAVE NOT FILED ANY ANSWER TO THIS CASE AS JUDGE WAS ON LEAVE ON COURT DATES
Devajyoti Barman
(Expert) 16 September 2010
Since you have already filed a case for execution of the RCR decree , you can not now claim for divorce on the ground of non compliance of the decree. Both the proceedings are different in nature and can not be allowed to proceed simultaneously.
Even if you withdraw the case, on the context of the wife's application for setting aside the ex parte decree your petition for divorce would depend upon the fall out of her setting aside proceeding.
siranjeet
(Querist) 17 September 2010
when a person knowingly refuses to receive the summons which are being served through all modes of service as per law like by court messanger ,registered post & publication in news paper &we have ample solid proof that the person knew about the case proceeding running in the court .after ex parte decision against that person if he files a case in court to set aside the decision & wants the benefits of his wrongs.Please give us 'CASE LAWS 'where the court has dismissed such above said cases
