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Adv Nitin Kumar (Selfemployed)     09 May 2011

Exparte- Order in HMA Sec-9

Dear LCI Members,

I have received exparte- order in HMA Sec-9, Other party is appearing in all another cases like 498A, Domestic Voilence, 125, but she has not appear in the case of HMA sec-9, right now court issued exparte order, what should i have to do right now , our case of 498A is still under trail, if i have filed the case of DB, is this case give the negative impact on my case in 498A? And what i have got the benefit of the exparte order in the case of HMA sec-9. thanks



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 3 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     09 May 2011

Decree / Exparte dec4ree obtained in Section 9 of HMA will have no effect on life as you cannot compell other party to live with..

But in other proceedings like 498A and other cases, it will be helpful

Arup (UNEMPLOYED)     09 May 2011

13. Divorce

(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

 

YOU WILL BE BENIFITTED BY THIS WAY.

Arup (UNEMPLOYED)     09 May 2011

NOW YOU NO LONGER COMPAILED TO COHABIT WITH RESPONDENT.

IF YOU COHABIT WITH RESPONDENT, YOU WILL LOSE THE RIGHT TO DIVORCE.

AFTER PASSING RCR, GETING DIVORCE IS YOUR PERSONAL LIBERTY UNDER ART 21 OF THE CONSTITUTION OF INDIA.

THE NEGATIVE SIDE OF RCR IS - NOT ONLY YOU, YOUR WIFE ALSO ENJOYED THE SAME EQUAL TO YOU.  NOW IT IS ALSO A PERSONAL LIBERTY TO HER.


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