Divorce
ad
(Querist) 26 February 2015
This query is : Resolved
Sir,
If i filed divorce case against wife (my wife filed sec.9 in 2006 with several other cases of maintenances and 498a etc., and still pending on evidence, as she wants to continue endless legal fight), what is possibility is there that, my divorce case be transferred where sec 9 is running, and if my wife not appeared in sec. 13 than what happened.
And one more question is should i not mentioned about sec 9 case in my divorce case, is it possible ?
Pl. help me, i m very frusteted now to fight these cases in different state from last 9 years, as my wife wants to only harrass me and money only and she did not wants to come nor divorce.
in sec. 9 case i filed a pursis that i am ready to cohabit and take back her right now from the court but even after that the case is not finished, and as i am seeing the court process i feel that in this style of court process it will never finished.
(and also in sec. 24 order Rs. 1500/- in July 2014 granted to her, and she not filed application for recovery instead she filed application for defence stuckk off due to non compliance of court order). and i came to know that she has also filed a writ in high court against Rs. 1500/- order.
Pl. suggest me clear remedy what action should be taken by me as i want divorce only. (i m thinking that non appear in sec.9 now and file divorce).
Pl. helo me.
Regards,
Arjun.
Nadeem Qureshi
(Expert) 26 February 2015
Dear Querist
my opinion on your queries are as under:
what is possibility is there that, my divorce case be transferred where sec 9 is running,
Opinion: If she will file a transfer petition before HC or SC then she got the transfer order being a lady the court will favorable for her.
and if my wife not appeared in sec. 13 than what happened.
Opinion: The court have right to proceed ex-party and pass an ex-party order against her after conclude the ex-party evidence.
And one more question is should i not mentioned about sec 9 case in my divorce case, is it possible ?
Opinion: Concealing the facts before court is an offence, so don't do that.
Feel Free to Call
ajay sethi
(Expert) 26 February 2015
in your divorce petition you have to mention about pending RCR case . on application made by your wife case would be transferred .
if your wife does not appear in divorce case court will grant you divorce exparte .
R.K Nanda
(Expert) 26 February 2015
agree with experts.
ad
(Querist) 27 February 2015
Thank u sir,
How much time it will take for ex parte divorce. and what if summons did not delivered her through post. then what can be done. Is giving in news paper is sufficient for proceed with ex- parte. What action and what chances can be given by the court for her. and how court will satisfy (if by post summons did not dilevered to her)for proceed for ex parte.
Pl. advise.
ad
(Querist) 27 February 2015
Thank u sir,
How much time it will take for ex parte divorce. and what if summons did not delivered her through post. then what can be done. Is giving in news paper is sufficient for proceed with ex- parte. What action and what chances can be given by the court for her. and how court will satisfy (if by post summons did not dilevered to her)for proceed for ex parte.
Pl. advise.
Devajyoti Barman
(Expert) 03 March 2015
Before proceeding to ex-parte most courts go for paper publication and once that is done the ex parte hearing takes place on the next date.
