Divorce

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?

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Raj Kumar Makkad (Expert) 06 September 2012
Legally there is no scope to re-open the closed chapter of decree obtained by you under section 9 of HMA as the court has already completed entire relevant proceeding to ensure the notice to the respondent. Moreover even after receipt of notice of petition seeking divorce, your wife has very belatedly moved the present petition so scope for setting aside that decree is remote but still it depends upon the judge.