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Sameer   30 March 2017

I have a filed for a divorce in mumbai an

Dear Lawyers,

This is to inform you that I have filed for a Divorce against my wife in Kalyan court on basis of Mental Cruelty from her and her brother. In January 2017 , First trial has happened in the month of March but nothing happened it was just like Introduction. She is staying with her parents from last 8-9 months. Now she has filed a Section 9 case against me at Malegaon Court saying that she want to come back.

1) Is it mandatory for me to attend Section 9 case because i have already filed a divorce case and i dont want her back?

2) If i dont attend will it affect the divorce case at Kalyan Court ?

3) Can my lawywer apply for dismiss of section 9 case and how to do it ?

4) What if she get ex parte due to my absence ? I want divorce in any case because i have sufferred a lot till now.

5) What should be my next action ?



 2 Replies


If you have apponted a counsel to represent you, then you need not go.  Bur problem arise only when your advocate does not attend and order is passed based on that.  Rest is fine.  You need to make full use of the fees that you paid to your advocate, so ask him what is his plan of action in order to get divorce from court.  You are wasting time here.  What anybody suggests here, your advocate wont agree.  Even if he agree he will see to it that he wont implement what you tell him, he will do opposite and that will negatively impact your case.  So any second opinion is of no use when you already appointed advocate.

Take care.

Vegitta   27 April 2017

Don't allow any case to go ex parts you can file petition for dismiss in malegaon court stating u already filled divorce before her rcr sec. 9 although she can move petition in hc and ask for transfer of ur divorce case.

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