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SUMIT CHATURVEDI (AM)     27 January 2012

Sec 9 and then sec 13

Hi all,

i and my wife were separated 3 years abck (she herself went to her parents law). i then file sec 9 case (one n half year back), but they r just trying to avoid any arguments in court and always take a new date with different reasons. Now last week i close that application and file a new one under sec 13. Now kindly suggest, if they again do the same thing n kill the precious time by taking new date, what is the option left to me. She is not ready to give divorce. Is there any remedy for the male if girls r harrasing in this way. Kindly help



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 January 2012

No remedy.  Take the short dates and proceed with the case.

Shantanu Wavhal (Worker)     27 January 2012

@ adv. rajeev (rajoo),

 

Dates are given by court depending upon the Judge's diary.


How can it be in the control of the petitioner to take short dates ?

Shantanu Wavhal (Worker)     27 January 2012

Everyone wants to speed up the matter - seeking for short dates.


Someone kindly give a hint how to get short dates !!

rajiv_lodha (zz)     27 January 2012

@Amit, Legally we can pray 4 speedy trial via SEC21............we have RIGHT TO SPEEDY TRIAL.

But practically, its Judge's Discretion......................Moreover, if boy feels that he may end the matter in a shortwhile, taking contested divorce on cruelty grounds.................Take 2nd breath n pause.................Matrimonial cruelty is very hard to prove, so contested divorce is very very difficult in present legal system.

Only feasible solution is TRY AGAIN & AGAIN FOR MCD......ITS ONLY SPEEDY OPTION LEFT!

1 Like

engineer222 (none)     27 January 2012

Under Muslim Law, husband can give TALAK and then IMMIDIATELY after little time RE-MARRY, the talak can be given in front of the muslim mullah or masjid imam; no need to go to courts under islamic marriage - divorce system

dr.pawan rajyan (member and secretory)     31 January 2012

no remeady !!!!!!!!!!!!!!! only pray is in your hand

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

Rightly said, if they delay the matter make use of Sec 21B of HMA.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

(Guest)

Best OPTION IS TO GO FOR MUTUAL CONSENT DIVORCE, NEGOTIATE FOR A SETTLEMENT WITH YOUR BITCHY WIFE AND GET THE DIVORCE.

IN COURT YOU WILL ONLY GET TAREEKH PE TAREEKH, OUR LEGAL SYSTEM IS TIMECONSUMING AND GIVE THE LAST PRIORITY TO DIVORCE CASE.

DO YOU WANT TO SPEND YEARS MAKING ROUNDS OF THE COURTS THEN GO AHEAD OR ELSE THROW THE AMOUNT TO THAT BITCH AND GET THINGS SETTLED AMICABLY.

SUMIT CHATURVEDI (AM)     03 February 2012

Thnx for your suggestions, but the problem is that she is even not ready to give divorce. So mutual divorce is not possible. is there no relief for men in the law ??


(Guest)

there is no relief for Men in India, They are scapegoats in the hands of torchourous wives, all the Laws are for men, you can only file divorce on desertion and cruelty grounds at the max and then get ready for maintenance, dowry, domestic violence and other cases from your wife side.

Best option is to find a way to pressurise your wife and make mutual divorce.

dr.pawan rajyan (member and secretory)     03 February 2012

this is ground reality. you can advise other younger's to take/sign affirdavit instead of 7 phare if you are in hma.   SOLUTION IS THERE. YOU HAVE TO FIGHT FALSE CASES FOR 3-5 YEARS.THEN FILE 191TO 195 ,340 ,420,TEP,RTI, ......................................OTHERWISE A SIMPLE REMEDY...........................BOW DOWN TO FEET OF YOUR "JAAN'S FATHER/MOTHER,PUSHOUT YOUR OLD PARENTS OUT OF HOUSE....,SUCIDE............,KILL YOUR FIL...MIL...WIFE.................AND ENJOY FREE MEALS IN JAIL.................................EVERY VICTIM OF THESE LAWS HAVE PAASED THE MENTION SITUATIONS.YOU CAN CHOOSE YOUR OWN PATH............................

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