Divorce

Querist : Anonymous (Querist) 31 October 2009 This query is : Resolved
Wife has been harassed for dowry by her husband and in-laws and was compelled to go back to her parents home. But coming back to parents home, husband has filed petition u/s 9 of HMA. But after filing this also, he is harassing wife.

Now wife wants to take divorce u/s 13 of HMA. What should she do?

Should she appear in section 9 in court?

Someone suggested that if wife files for divorce then husband will take benefit of that. What benefit can husband take?

Plz advice.

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Raj Kumar Makkad (Expert) 31 October 2009
Wife has various opportunities. First of all she should file an application under section 12 of The Protection of Women from Domestic Violence act, 2005, which is very effective in such matters and then she can make an application before the Women cell of SSP of her parental home district so that a criminal case under sections 498A?406 IPC may be lodged and maintenance petition is third one.

It is not advisable not to appear in petiion under section 9 filed by husband. it should be fought vigorously and should be got dismissed. Wife should wait some time more to file petition for divorce.

Sachin Bhatia (Expert) 31 October 2009
1)File a criminal case under sections 498A of IPC.

2)You should appear in section 9 petition in court filed by husband.

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