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navdeep (ABM)     05 May 2014

Divorce when sec 9 pending

Please suggest as my last date for Sec 9 was 2 may 2014, i applied for withdrawing it personally on 27th april 2014, but judge asked to come on date. On date my lawyer went there but judge asked it is necessary for me to come for withdrawl of sec 9 so he put next date on 1 august 2014. I am planning to file divorce on 24th may 2014 as i could not file it earlier as 1 year marriage clause was there. Can i file it with sec 9 pending as i have submitted app for its withdrawl, i have got the copy of it. Please suggest....



Learning

 8 Replies

ROHIT SHARMA (Legal Advisor )     05 May 2014

Dear Mr. Navdeep,

1.  In my opinion you must not withdraw your petition filed u/s 9 H.M.A for  R.C.R.

2. If you withdraw and file another petition u/s 13 H.M.A on the grounds of cruelty or desertion then she will contest such petition and the time consumed  for such case matter to be finally disposed off would consume more than two years.

3. If you continue with your petition u/s 9 of H.M.A  it is likely that she may not appear and then you have the court try the matter ex-partee and you can receive the R.C.R. decree within six months.

4. After having obtained such R.C.R. decree you can deliver the certified copy of such order of the court on her through Registered A.D. Post  to honor the R.C.R. decree and join you back as within the specified time mentioned in such order.

5. If she wants to appeal against such ex-partee R.C.R. order, she will have to make application before the competent court to stay such decree of R.C.R.  and if she does not make an appeal within 90 days from the date she comes to learn about the issuance of such decree, then the R.C.R. decree will remain in force.

6. Later,  if from the date of passing of such decree there is no co-habitation between you two within one year, then you can file another petition for divorce u/s 13(1-A)(ii) of H.M.A and can get the marriage dissolved very quickly. 

7. Also by adopting such procedure, you can rescue yourself from paying her any interim  maintenance or alimony  (which otherwise you would be required to paid by you if you  file a petition u/s 13 (1) (i-a) or (i-b) of H.M. A. ) since she has herself refused to join you despite the R.C.R. decree.

8. As also later, if  you can choose you can have such R.c.R. decree executed by the Court upon her by filing execution suit under order 21 Rule 32 of Civil Procedure Code, 1908  and seek attachment of her property.  

9. If you need further clarification and more discussion then contact this lawyer.

Adv. Rohit Sharma.

(B.Sc. L.L.B. L.L.M.)

(M) : 09824047971.

E-Mail : lawgate1349@gmail.com

 

 

 

 

navdeep (ABM)     05 May 2014

Dear Rohit Sir, how much time of my life i will ruin for a 1 month marriage?? sec 9 ex parte, 1 year wait....do i dont have my life, my family? i am very depressed with the law and its bindings in which only civilized peoples are trapped and criminals are given clean chit.

Solomon Raju (Advocate High Court of A.P.)     05 May 2014

Dear Navdeep,

The most useless provision in entire law is RCR to be frank. Even if you secure RCR, she can say that she is not willing to join you and there is no law to enforce RCR decree, as it is violating fundamental rights and privacy.......I think by filing RCR you have wasted some time...See if you loose some money, you can gain double that in future...I can understand your pain and also due to this your parents and siblings might also be suffering, seeing your agony....All this process, is waste of time unless she reopens her eyes. it is only your wish that someday she might come back..Dont run for someone who is not worthy to stand by your side...Try to see the brighter side. The world has not come to end with this small issue...Try to clear this issue ASAP and you can start a new life..Just Cheer Up...Please file for divorce, if she contests it is ok...or else you will get exparte decree...If she does not file within specified period...go ahead with new marriage..Take the plea that she has not even contested RCR and she is not at all interested and the main aim of her is to harass you and your family members....

1 Like

navdeep (ABM)     05 May 2014

I agree sir RCR is a waste but after wasting i realize it.

LEGAL-CIVIL CRIMINAL (SENIOR ADVUCATE. skjadvt@gmail.com)     05 May 2014

First all for  divorcee     re  marriage  prospects  are diminishing.

 

RCR  is insurance for   maintenance., if used  properly.


(Guest)

Ha ha ha..

 

Its pity on those who says that RCR is an insurance on maintenance or RCR protects one from maintenance and other false cases. 

Dear rohit and social activist its time for you to brush up thoroughly and practicaly on RCR case. I have already explained through my article as why RCR is called worlds the most useless section.why Rcr is waste of time and money against divorce, maintenance and other false cases.

@author,

You can search on google by topic "why Rcr is waste of time and money you can come out easily through your problem. There is no boundation that once you Have filed sec 9 then any how you have to continue. If you know you cant live with her then why to drag such silly case, when you know that this rcr can be disposed on the last day alse before adjudication if she comes back to you for 1 hour also and stays with you under the same roof. Then again you have to fight from the starting. So, its better to withdraw such silly case and file divorce with recent developments as well as previous mental cruelties.

Ps: in rcr also she is eligible for maintenance u/s 24 hma and in divorce also she is eligible for maintenance under same section, then obviously a wiser and prudential husband will chose divorse if he doesnt want to spoil further years on silly cases.

 

Good luck,

(ESIS)

navdeep (ABM)     05 May 2014

i totaly agree tht sec 9 is waste f time n money..either way u proceed sec 9 or 13 u wl b slapped by 498,dv maintainence etc. practically i hv experienced and realized. new sufferers need to understand it priorily tht she dont want to live with u thts y u r in such situation. ur sec 9 wl nt make her mind change. moreover i m very mch convinced with the famous line i read lots of time in 498.org tht 'children or no child but nvr tk 498 wife/b*tch bk' she made u treated as criminal,ur parents r suffering, ur brthr sis, she ruined ur whole life. and moreover after cming bk u wl b in more troubles.

Mayank Pathak   23 July 2015

Hi

This is mayank from bangalore,Marriage Date May 11, 2014.

498a 504 and 506 has been lodged on me my mom dad on 22 sept 2014.chargesheet submitted to court in march.I have filed divorce on cruelty 13a on june 7 2015,

After 498a I tried a lot to settle all the things but she was not willing to withdraw or compromise the case ,so I decided to file divorce.

There was 10 lakh money transfered to my father's account.In chargesheet they have not mentioned the money and no injury report is attached.we have returned the 7 lakh jewelary and 2 lakh clothes and all belonging of my wife to my inlaws in front of 10 common family relatives after 498a lodged.

my question is 1.Can court ask me to return all 10 lakhs to my wife as Streedhan,or the Jewlary itmes we have purchased and gifted will be considered for deduction.

2.Money Transfer can effect my 498a case?

3.She is Claiming 25 lakhs as marriage expenses.Can court ask to return in divorce plea?

4. How long my Divorce will be finalized?

 


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