Rejection of sec.9
Ashish Kumar
(Querist) 06 September 2012
This query is : Resolved
Dear Sir/ Madam
Kindly clarify my some points:
I got decree of sec.9 on 31st October 2010 and filed divorce in May 2012. Now the opposite party has filed a miscellaneous case that they have not received the sec. 9 notice so they couldn't appear so decree should be dismissed. Section 9 was filed in Aug.2009 and they never received the notice (intentionally).Although address on which notice court use to sent is the same on which they have received the divorce notice. Court use to sent notices at two addresses one at Noida and the other one at her permanent address. When they didn't appeared for sec. 9 hearing paper publication was done but they even didn't turned up. Though her brother threatened me on phone in which he has accepted that he has received the notice and i have the recording. Even my wife and her brother called my lawyer (when they received notice of sec.9) in which my wife said that she will not stay with me.
I have filed the divorce on the grounds of desertion (sec.9) and cruelty.
Now whether Court will dismiss our sec. 9 decree?
Whether my divorce petition will be rejected?
Court will not consider our plea for Divorce?
whether recorded conversation between me and her brother can be produced?
whether my lawyers statement (conversation with my wife and her brother) will be an evidence?
Paper publication will not be considered during hearing?
Tajobsindia
(Expert) 06 September 2012
1. No. Call Court Server and record h/er Statement under Oath of serving Notice of Divorce at same address as in memo of Parties which was in file in S. 9 HMA.
2. No. You are within Bar to proceed on Divorce as Notice is accepted at same address as in memo of Parties in S. 9
3. Yes, concerned Court will accept and grant you relief of Divorce if you have done Execution of ex Party S. 9 and then within its limitation filed for Divorce
4. Yes, without tampering produce Original Media as secondary Evidence and pray for sending same to Forensic evaluation.
5. Appointed Lawyer may give under Oath Statement of such conversation as secondary Evidence.
6. Paper Publication is deemed Service.
Shonee Kapoor
(Expert) 06 September 2012
Nothing left to be added.
Regards,
Shonee Kapoor
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