REKHA JAIKUMAR 28 June 2016

Divorce case pending with court

I was married in 2014 April. He had pledged all my jewelry by end of April also he has crores of loan pending.But these were not shared to us before marriage.In-laws were also playing a major role in ending our marriage life. I was with him for 6 months after which he forced me to leave the home. By 2015 I had filed a divorce under the ground if cruelty mentally and emotionally. He doesn't appear in court on regular basis and makes sure he visits on 3rd hearings. He has now filed a section 9 restitutionunder hindu marriageact 1955 with several cooked up stories. I'm in Chennai and he has filed this petition in his City? Can you please help me on such proceedings?

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(Guest)

If he wins or looses section 9 case, he can file EP and get all the property in your name auctioned and take the proceeds, plus he can get divorce also easily if he wins section 9 case.

So What I suggest is, if you dont want to continue with him, file petition under 13/B and take mutual consent divorce for safety and benefit of all Dont listen to lawyers who will give false assurance and file multiple cases which wont give any benefit to you.

REKHA JAIKUMAR 28 June 2016

Hi, I guess you havent understood my situation. There is no property in my name to be auctioned. I have filed divorce in 2015 and also asked to return my 60 sovereign of jewellery and otger belongings.He had pledged my jewelry and did not pay the interest amount so every thing he pledged was gone forever.Now he do not have money nor my jewelry to return hence he has planned to drag the case. In section 9 he has mentioned that I have already taken my jewelry and followed by it there are more false stories against me. I truly need guidance on this as my mentally and emotionally disturbed. Please help

(Guest)

Rekha,

Forget the gold jewellery, no use thinking about it, the section 9 case he might win or lose, court cannot join you both. If you dont want to live with him, court will grant divorce provided it feels grounds are satisfactory. Contested divorce will go on for 6-9 years, that includes the section 9 also. Best is go for mutual divorce, file 13b and take m c d. It will be over in 6 months, money given during marriage, gold pledged or mortgaged, property sold is all gone, you cant claim it. Few lawyers will give false hope that they will get you your jewellery, but it is false assurance, it only help them get fees and you roam court another decade behind getting jewellery, move on, take divorce and marry someone decent.