section 9 after file the divorce case
Ruchi arya
(Querist) 26 June 2011
This query is : Resolved
My client is belongs to gwalior his marriage is conducted in Ujjain where his husband was living with his family members.
Due to major family crises my client registered 498A case against his husband with his family members in may 2009 in ujjain and come back to her native palce i.e. Gwalior. In Gwalior she has been filed the divorce case, section 406 and section 125 case against her husband in may 2009.
But her husband is also file the section 9 case against her in july 2009 in Ujjain.
My question is that, Can husband file the case under section 9, when wife already file the case of divorce against him prior to husband? If she will not attend the section 9 hiring of ujjain what will be happened? If she go at Ujjain can she will claim the spending money from husband?
prabhakar singh
(Expert) 26 June 2011
Can husband file the case under section 9, when wife already file the case of divorce against him prior to husband?
ans;yes,not a great problem.
If she will not attend the section 9 hiring of ujjain what will be happened?
ans;even if decreed no problem.
If she go at Ujjain can she will claim the spending money from husband?
yes,she can .
n.k.sarin
(Expert) 26 June 2011
I do agree with Mr. PRABHAKAR.
Somnath mukherjee
(Expert) 26 June 2011
Can husband file the case under section 9, when wife already file the case of divorce against him prior to husband?
Yes he can file.
If she will not attend the section 9 hiring of ujjain what will be happened?
if she will not attained then the court will passed an exparty decree ,it will affect in 125 proceedings.even the coert may stop maintenance.
If she go at Ujjain can she will claim the spending money from husband?
Yes she can cliam but i suggest you to apply to High Court for transferred the case and tried the matter in Court
prabhakar singh
(Expert) 27 June 2011
Expert : Somnath mukherjee ,author : Ruchi arya;says
''In Gwalior she has been filed the divorce case,''
''section 406'',
''and section 125 case against her husband in may 2009.'''
'But her husband is also file the section 9 case against her in july 2009 in Ujjain'
Guest
(Expert) 27 June 2011
experts advice accordinlgy I agree with them.