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NONUDI KUNTI (HOME MAKER)     02 June 2012

Section 9

 

Respected Sir, I had filed a case of section 9 after filing DV and 498A. Now the proceedings of 498A have an added section of 313 IPC as the MM took cognizance of the said offence from my FIR. We had plenty of failed meditations for all the aforesaid cases except in the case of DV. NOW, my husband had said in the open Court during the hearing of Sec 9 after a failed mediation that he does not want to keep me with him at all. Further he is not ready to file for any divorce as well since the Judge asked him what steps are you taking if you do not want to keep your wife with you since she has filed for sec 9 and that implies that she still wants to live with you. He had no reply to this. Further, I wanted to know that after this failed mediation the Judge had made me understand that if your husband does not want to keep you than no one can force him to do so, further he suggested that I should also think about my future and not press for this application as even if he will pass the orders in my favor my husband will not execute the orders. Therefore I'm in a fix as whether I should withdraw my sec 9 now as it is at the stage of my evidence and cross or should I wait for the dismissal of sec 9. What do you think can happen if my case of sec 9 is dismissed pls reply in details. thanks and regards. KUNTI

P.S. Kindly inform me that what could be the impact in my 498A/406/313/34 IPC (criminal case) case if my sec 9 is dismissed.



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 8 Replies

HK_Jain... (498a Fighter)     02 June 2012

 

Kindly inform me that what could be the impact in my 498A/406/313/34 IPC (criminal case) case if my sec 9 is dismissed.

 

No one can force him to join you. If you want to re-join him. You should be catious while filling 498a/406/34/313/DV

Just go for Mutul consent divorce and move with life and start a fresh life other wise fight cases for a long time and add some more cases on him like 125,24 etc etc but ultimately no use as he did not want to re-concialation.

choose yourself what you want..suffer or get free.

NONUDI KUNTI (HOME MAKER)     02 June 2012

As I have already suffered marrying him, I dont fear from the word SUFFER now. What happens that if I get free, like you suggest, and I'm not so lucky again the next time as no one has seen the life and anything is possible esp. in current situations where marriages are loosing their moral values.

What if, my next husband has BIG infalted EGO and therefore I may not get lucky with him as well then what, until how many times should I keep trying this painful ordeal. Don't you think it would be Best is to teach this man a lesson, as we also have confrontaitions and misunderstandings with our parents, siblings etc but do you think we laeve them and carete another siblings and parents in our lifetime. If we show love and concern for someone, I'm sure we can get the other person to think logically after all how many times does a person wants to face these painful situations in LIFE.  

bhima balla (none)     02 June 2012

 

Originally posted by :NONUDI KUNTI
"
As I have already suffered marrying him, I dont fear from the word SUFFER now. What happens that if I get free, like you suggest, and I'm not so lucky again the next time as no one has seen the life and anything is possible esp. in current situations where marriages are loosing their moral values.

What if, my next husband has BIG infalted EGO and therefore I may not get lucky with him as well then what, until how many times should I keep trying this painful ordeal. Don't you think it would be Best is to teach this man a lesson, as we also have confrontaitions and misunderstandings with our parents, siblings etc but do you think we laeve them and carete another siblings and parents in our lifetime. If we show love and concern for someone, I'm sure we can get the other person to think logically after all how many times does a person wants to face these painful situations in LIFE.  
"

 If you don't like your parents or siblings or anyone- no one can force you to do otherwise. No one can make you 'love' them. You can refrain from any interraction with them! There are several families where siblings hate each other and don't interract with them. The same with parents and children as well.

It is quite possible what you are doing is rather hurting him-hence he does not want to reconcile! It is as simple as that. They have a proverb for cat it is play and for mouse it is lifeor death. Inflated ego etc may be your opinion. If you have filed false cases against him to bend him to your will-you expect him to comply? Do you think it is reflective of your 'love' towards him?

It is quite possible you are the troublemaker. Just because cat wants to play, mouse need not come to such play. It needs to find its safety. With such 'morality' of misusing laws as blackmailing tools, you expect anyone to tolerate your behaviour? Yeah right, even in future nobody can/will  'like'  such people!,

It may be him 'suffering' from marrying you in the first place! You asked how many times you need to go through this-well my answer is: as many times as it takes for you to realise your mistakes and as many times the new 'sheep' don't realize that 'marrying' you would be a mistake.

Marriage is not luck, it is hard work.

HK_Jain... (498a Fighter)     02 June 2012

 Don't you think it would be Best is to teach this man a lesson

In matrimony disputes there is no HAAR and no JEET. Its life not a 2 hr hindi movie in which at the end everything would be fine. Its take long time, waste of money, time and most precious youth that can never be recovered.

 

If he seriously harassed you just live him.

all your other statements what I told you except.

You have post your query on astrology some Jyotish type forum.


(Guest)
Who r u.? Womens like u are a dirt, misguiding all and misusing the law. u want to harash him why dont leave, u first filled the case so think it, u have ego. At the last the judge will know. U cheap. U dont know the responsibility, u cant make a good family. U r bad luck of that man.

Adv. Chandrasekhar (Advocate)     02 June 2012

I have already replied in other post.  It is good for you to immediately withdraw Section 9 RCR case.  Do not allow it to be dismissed.  The dismissal may efffect the maintenance cases or DV case, if you want to file in future.  It will also affect your Section 498-A and Section 313 cases.  Naturally the question arises that if you are alleging that your husband subjects you to cruelty under Section 498-A, then why are you intending to resume matrimonial life?  Either your 498-A allegation is false or your intention of joining your husband is false.  If he is really guilty of the offences of Section 498-A and S.313, put your best efforts to get him convicted by giving your evidence in criminal case properly without showing any wavering nature.  If those allegations are false, you tender apology to him and take appropriate steps to get those criminal cases quashed but do not hope of resumption of married life with him. 

HK_Jain... (498a Fighter)     03 June 2012

@Nonudi Kunti

technically it is nicely adviced by Chandu sir. try follow him.

Anjuru Chandra Sekhar (Advocate )     03 June 2012

Think why he does not want divorce and why he told the judge he is not ready to file for any divorce as well. Can you forgive yourself if he remains unmarried in his life and you after completion of legal proceedings (whatever, RCR, Contested divorce etc) get married for 2nd time?  Legally you may be correct.  But is it correct morally?  If he remains unmarried entire society knows and considers him a victim, not you. Think whether you are missing a good person.


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