Family law

Querist : Anonymous (Querist) 29 September 2011 This query is : Resolved
My client is belongs to gwalior his marriage is conducted in Ujjain where his husband was living with his family members.

Due to major family crises my client registered 498A case against his husband with his family members in may 2009 in ujjain and come back to her native palce i.e. Gwalior. In Gwalior she has been filed the divorce case, section 406 and section 125 case against her husband in may 2009.

But her husband is also file the section 9 case against her in july 2009 in Ujjain.

My client not attend the court due to this one side decree was passed. After that 9(13) was opened and after resolution reopen the section 9 in ujjain on 20/08/11. In the same time in the Gwalior the decree for divorce is passed in favour of my client in sep 29/09/11. My question is that, after the decree of divorce section 9 is valuable or not? We should attaen the ujjain court or not for section 9?

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Raj Kumar Makkad (Expert) 29 September 2011
You can put the fact of passing of divorce decree before the court of Ujjain so that matter may end for ever. You should attend only for this purpose otherwise legally decree for divorce is binding upon RCR proceeding.

ajay kumar mishra (Expert) 29 September 2011
In the present situation decree under section 9 is meaningless because it can't be executed or no advantages can be taken so it is better to keep silent and allow the husband to proceed as per his wish or appear in RCR proceeding and bring the fact before the court that you have obtained the decree of divorce so the decree u/s 9 is meaningless.

Shonee Kapoor (Expert) 29 September 2011
The reopened case under Sec 9 has become infructuous after passing of divorce decree.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Expert) 29 September 2011
As the Decree of Divorce is passed in your client favor so the thing is:- once the decree of divorce is passed then there is no value/ meaning of u/s 9 HM Act or if the OP challenge the same decree in the Apex court then it become a problem for u/ur client.
rest, u can submit a certified copy of the decree in the ujjain court then surely the court may dismiss the case prima facie.

Shastri J.K. (Expert) 29 September 2011
I do agree with Experts.

prabhakar singh (Expert) 29 September 2011
TO YOUR question is that, after the decree of divorce section 9 is valuable or not? We should attaen the ujjain court or not for section 9?

MY REPLY is simple: apply for a certified copy of decree of divorced passed by Gwalior family court and place it on record before the court of Ujjain with an application to reject the petition as infrctuose and use less.

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