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virtualgod (na)     03 May 2013

Fighting 498a 323 504 506 3/4 by using section 9?

To fight against false dowry charges, if the guys family/husband files section 9 to say he wants to live with the wife will it help?

 

The matter is more complicated since the husband lives outside India. Now in this case, how can section 9/Bidaai thing be petitioned in court without the hubsand visiting India?



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 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 May 2013

Personal appearence is mandatory for mediation/Reconcilation 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     03 May 2013

Without the appearance of the husband, no court will give the relief to him and will not send the wife to him in his absence. As section 9 HMA means....re...institution of Conjugal(married) life..... hence the spouse(wife in ur case) can not join the company of her husband without her presence.

Ompal Aggarwal (Advocate)     26 May 2013

 

 

If FIR is lodge than filing of petition under section 9 of HMA 1955 is no solution. Moreover physical presence of the petitioner  before the Hon,ble Court is must


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