Section 9
krishnakishore
(Querist) 13 April 2015
This query is : Resolved
We got married in 2010 May, My wife left the home in March 2011 and joined August 2011, again left in Nov 2011 and joined in Feb 2012, again left in May 2012 and joined Sep 2012, again left May 2014 and joined Sep 2014, this has became regular habit and now she left in Feb 2015.
I have send section 9 notice in March 10th, 2015 to come and join with me, but her mother is objecting. My uncle said that wait and send another notice to get the sympathy of Judge as you didnt receive any reply from her for your 1st notice. Shall I wait or I can file a case in Family court for counselling. How much time it will take to solve a case in family court for counselling.
Jayashree Hariharan
(Expert) 13 April 2015
counselling is an one-day affair or a continuous sitting depending upon the attendance. one notice is sufficient as per law.
M V Gupta
(Expert) 14 April 2015
Why u want to rush to the court? Why u dont contact her parents and her in the presence of elders and find out the real problem she is facing to stay in the matrimonial home? Are u sure that u and members of ur family are not a cause for her frequent leaving the house and staying with her parents. mediation before going to the court will strengthen ur case.
krishnakishore
(Querist) 15 April 2015
Sir, I stayed in Delhi from ( 2005 to 2011) and got married in 2010. From 2011 to 2014 shifted to Mumbai, recently sep 2014 because of her and her parents force shifted to Hyderabad with less salary when compared to mumbai. fyi (Mumbai salary is 18lacs per annum, in hyderabad 10lacs per annum.
Since 2010 onwards for every 4 months there is one sitting between her parents, or my parents, and her elders and my elders. Till date 9 sittings were happened. And every time elders will finally conclude that girl is giving all the information of her matrimonial to her parents, and her parents involvement is more than what is required which is not right, all the time they advise please change these things which will lead a happy life to us. the same happened for 6 months again the problems were started by involving of her mother. Every time her father comes or girl ran away from my home I use to go and convince her bring back, this has became a regular habit to her and me which is not right i think so.
My father is a railway employee who is going to retire in next year, he visits our home 15 days in an year with 2 intervals.
The girls attitude is when she is with me then she consider my family as her family, if any issues with me then everybody will became enemies to her and she stops talking to my parents also.
Her mother and father blindly belive her words and even wont give a chance to listen my words nor try to understand.
Finally infront of a lawyer in Sep 2014 there is meeting held between her family and only me. After that again she ran away in 5 months, and this time her father and me discussed these issue and i was told by father stating that please come down to our home and take your wife after 2 days, after that i went to her home (on telugu new years day) no body talked to me. Her mother told to me that i am not going to send my child and your child ( my son) with you, what ever you can do you do, i will see your end.
This is what happened
Dr J C Vashista
(Expert) 19 April 2015
Both of you require counseling, file a case of restitution of conjugal rights.
Guest
(Expert) 19 April 2015
Well advised.
krishnakishore
(Querist) 21 April 2015
Just forget about this topic and let me know the answer for my question in bottom deleted because it is too lengthy.
M V Gupta
(Expert) 21 April 2015
Get the reply issued through ur Advocate. We do'nt comment on the various averments contained in ur above message.
T. Kalaiselvan, Advocate
(Expert) 22 April 2015
Very lengthy queries with repeated contents cannot be addressed here, cling to your lawyer for all further advises and action.
krishnakishore
(Querist) 01 June 2015
25.02.2015 - Wife left from home
19.03.2015 - Sec 9 notice from husband
10.04.2015 - reply received from wife stating will settle the matter in front of elders
19.04.2015 - Husband reply stating on 31.05.2015 ready to sit and settle the issues in front of elders
31.05.2015 - Wife not attend the meeting with elders
Now husband vexed up and want to take divorce, can he go or he has to go for family court under sec 9.
Husband don't want to go court for sec 9, either he wants to settle the matter in front of elders by giving 2nd notice by fixing date and time or he can go for divorce.
Please advise.
Guest
(Expert) 01 June 2015
Have you asked, why she did not attend meeting?
krishnakishore
(Querist) 01 June 2015
I got the answer she is not feeling well, neither her family members nor elders not approached us, they disconnected our call when we approach his father.
Guest
(Expert) 01 June 2015
Then give her 2nd chance. Fix some other mutually convenient date for meeting.
M V Gupta
(Expert) 02 June 2015
In view of several unsuccessful attempts made by you, I feel that u should file application in the family court for restitution of conjugal rights. If at all the court feels it may suggest counseling by court appointed counselor.
T. Kalaiselvan, Advocate
(Expert) 02 June 2015
You may follow the suggestions made by expert Mr. Gupta on further issues.
krishnakishore
(Querist) 22 June 2015
25.02.2015 - Wife left from home
19.03.2015 - Sec 9 notice from husband
10.04.2015 - reply received from wife stating will settle the matter in front of elders
19.04.2015 - Husband reply stating on 31.05.2015 ready to sit and settle the issues in front of elders
31.05.2015 - Wife not attend the meeting with elders
Husband 2nd notice for meeting on 21.06.2015 - Wife not attended the meeting, while calling she is not lifting the phone, sms done "are you attending the meeting" - No reply from her.
Husband don't want to go court for sec 9, either he wants to settle the matter in front of elders by giving 3rd notice by fixing date and time or he can go for divorce.
or
Husband can file divorce case after 6 months from the date of leaving the premises on 25.02.2015.
krishnakishore
(Querist) 05 September 2015
Wife left the home, husband gave 2 chances via sec 9 notices, she didnt came for settlement. Husband filed a case in family court under section 9, on 03rd Sep 15, wife attended the 1st appearance in family court and said she is ready to compromise to lead life with husband, but she required case papers, next hearing on 19th Sep, is there any option for husband to ask court/ judge for counselling for both, as husband has not mentioned in the petition that wife has attempted suicide for two times, is there any chance for husband to say this in court, and the same can be proved also as he is having telephone call records available.
