• HMA Section 9

Name: ajay kumar jain
Email: [deleted]
Contact No: [deleted]
Query: My daughter (1988) in Delhi.
w/o Mr(1989) in Gwalior.
Married in Delhi in July, 2013.
Son d.o.b. 19.03.2016 .
Now her husband doing new pvt. job in Indore AND my daughter doing pvt. job in Delhi
and on rent . Husband wishes to settle out of Delhi to give pain to us. His mother is
greedy and playing a negative role. They did not pay any money for my daughter
and son (even also for powder milk). Three months back, my daughter lodged a
Police Complaint and settled between them by police in writing. Now he threat her
for divorce.
Please advise me:- he filed case of HMA.SEC-9 from FAMILY COURT in Gwalior (date of hearing 11.05.2017), then do my daughter bound to appear in that court with my 11 months child OR transfer of case through the lawyer possible? ( marriage & birth of son and last resided jointly in DELHI). The very fact is that her mother and husband harrassed her mentally for dowry i.e. House in Delhi. He also took her i-20 car to Indore which is in her name. Please advise me a further course of action to save my daughter and her son from his selfish and cruel clutches. He made FALSE points in his favour. What may be a course of action for us. Please trust that my daughter is 100% true. My mother-in-law has poisoned the mind of her husband (widow).
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1) wife can file petition in SC for transfer of section 9 HMA case to delhi

2) convenience of wife is generally taken into account by SC

3) transfer cannot be done through lawyer

4) file 498A case against husband and mother in law for dowry harassment and for retrun of her streedhan and car

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. If your daughter does not contest the section 9 case then the court will pass an ex parte decree in his favour, as a consequence of which your daughter will lose her right to claim maintenance. So she should contest the case. Furthermore, your lawyer can also apply to the Supreme Court to transfer the section 9 case to Delhi so that she does not suffer inconvenience of travelling to Gwalior.

2. Your daughter is also free to seek maintenance for herself and her child by filing a case under 125 CrPC. She can also file a DV case to seek alternate accommodation at her husband's expense.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Do not worry as since the case is filed it is advisable to appear and contest the case.

2.However as distance is a major hindrance she will have to get the case transferred from Indore to Delhi asap.

3.Ask your daughter to stay with her husband frequently. May be long distance is not doing well to develop their relationship.

4. The dispute does not appear to be too serious and personal intervention of the parties would surely tide over this crisis.

If you wish to have mu assistance in getting the case transferred from Gwalior to Delhi then feel free to contact. My contact details are available in my site www.acelegalfirm.com.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1) you can engage a lawyer to appear on your behalf on 11th may 2017

2)in the meantime file petition in SC for transfer of case to Delhi

3) you can file application for maintenance under section 125 crpc for your self and child in delhi

4) also file 498A case for continuous acts of cruety

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

Dear Concerned,

NO - YOU might be suggested to attend the HM9 case in Gwalior - you dont have to do that at all. Your husband has filed this case just for harassment and to further torture you mentally, physically and financially and through HM 9 he want to avoid the maintenance that he would have to pay to you and your child.

It is suggested that at this stage file a Transfer Petition and get this case transferred from Gwalior to Delhi - as the Date is in May you still have decent time to get this transferred.

You may feel free to contact us for free consulting on your subject.

Best of Luck ...Stay Blessed

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. You are not required to appear personally. Engage a lawyer with the leave of the court.

2. You can also file a transfer petition in the Supreme Court to transfer the case to your city.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If he has filed RCR case against her, then she has to challenge the same properly, or she can say that she is always willing to live with him in a marital relationship.

If the tortures of her husband and his mother, are extreme and beyond tolerance, she may decide about continuing the married life with him anymore.

She may even decide to file fresh complaint under section 498a and also file DV case.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

If you are not appearing before the Gwalior court on that date, you may set exparte and an exparte judgment may be passed against your interests.

Then the things would become more complicated.

You can have the option to file a transfer petition to transfer the case to a court within your home town.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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