Plz help
preeti
(Querist) 10 February 2010
This query is : Resolved
My friends husband and inlaws demanded Dowry from her and her family. they were together for 13 months and when she was unable to bring in the dowry, her husband left her at her parental house. he was untraceable for 2 months and after much efforts from my friends parents they came for a meeting wherein her husband refused to live with her without money. after 1 month he filed a section 9 against her. it will be 2 years for this case in this july. after repeated failed attempts for reunion she filed a 498 against them. trial of it still not started. its now been two year tht they r living seperatly.
ection 9 case is still in court. no RCR has been ordered by court. one reply was filed by my frnd 1.5 years back sayin tht since inlaws demanded money and her husband himself left her at her parental home she is unable to join the company out of fear of her life. court has issued some concerns to her huband and asked him to file a reply which he didn't for the last 8 months.
Now she want to file any such reply which can save her from her huband forming ground for divorce.
My question is tht if husband can file for divorce on any grounds? wht r the loopholes in section 9 against girl in this case. she still want a reconciliation provided they will not demand any dowry. Plz help on this urgently.
Sukhija
(Expert) 10 February 2010
if u want to stay with ur husband , consent terms shd be filed stating in all conditions, i.e no demand of money and harassment will be caused to u by the husband, trial period of 2/3 months for reconciliation can be asked from court in RCR Petition.
Devajyoti Barman
(Expert) 10 February 2010
See once her husband filed RCR then he condoned her past cruelty if any and hence thereafter no suit for divorce will lie on those grounds unless he obtains decree in RCR and wait for 1 year for compliance.
If you friend want to contest the suit for RCR then she will have to state in her written statement the cruelties and other tortures meted out to her and if the court gets satisfied with the defence then no decree would be passed.
Parveen Kr. Aggarwal
(Expert) 10 February 2010
Under section 9 of the Hindu Marriage Act, 1955 the burden lies on the respondent to prove reasonable excuse for withdrawl from the society of the petitioner. So,it will be for your friend to plead and prove that there exist sufficient and reasonable cause for her not living with her husband.
As regards the grounds of divorce, it has to be seen after considering all the facts. When he is proceeding with RCR petition how he can file petition for divorce.
Regarding re-conciliation, section 23(2) of the Act provides that before proceeding to grant any relief under this Act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavor to bring about a reconciliation between the parties.
preeti
(Querist) 11 February 2010
wht are the chances of husbands withdrawing the case and then filing for divorce. i think section 9 will not form any ground for tht divorce petition.
Parveen Kr. Aggarwal
(Expert) 11 February 2010
The husband has the option to withdraw the RCR petition and file a petition for divorce. The chances of doing so will depend on the facts and circumstances of the case including legal advice to the husband. In case section 9 petition is withdrawn it will not form any ground for the divorce petition.
