• Section 9 RCR

@my husband filed a Sec-9 case from Gwalior in Jan 2017-his native place.
@we were living in Delhi with a child of 4 months only when he joined in new job at Indore.
@since than he did not pay a single paise to us. 
@now I and my 2 years child (D.O.B. 19.03.2016) now are living with my parents.
@I visited only once in Gwalior court to submit Affidavit etc through my advocate.
@It is very difficult for me to go to Gwalior court ALONE as my parents are very old.
@I do not wish to Indore as my husband is very cruel and drinks for my child's welfare.
@will he be successful giving me divorce without  any AMOUNT OF MAINTENANCE to us?
@His mother has my GOLD & MY HUSBAND has my Car.
@what will be the RESULT against me at last by court? MY MAIN QUERRY!
Asked 1 year ago in Family Law from New Delhi, Delhi
Religion: Hindu

File petition in SC for transfer of RCR case to Delhi as you are staying in Delhi and difficult for you to travel to Gwalior with child

2) file DV case against husband in Delhi seek alternative accommodation, maintenance from husband , custody of your child

3) file complaint against husbnd and in laws under section 406, 498A of IPC for dowry harassment . Mention that car , jewellery is with husbnd and in laws

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

Husband wants to to harass you hence filed RCR

2) you can engage Lawyer to appear on your behalf

3) personal appearance not necessary on each date

4) you can also file for divorce on grounds of mental cruelty from Delhi

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

1. First of all file a petition before the Supreme Court praying for a direction upon the Gwalior Court to transfer the case to the appropriate New Delhi court.

2. RCR will take a long time and if the Judgment finally goes in his favour directing you to join him and thereafter you refuse to join him, then he can file a divorce suit after one year of the said Judgment of RCR case and it will be easy for him to get the decree of divorce from you at tat time.

3. So, it will be easy for you to contest the RCR case if you can get it transferred to the Court of your place.

4. You can file a police complaint u/s 498A & 406 of IPC alleging dowry harassment and claming back your Streedhan and DV case at your place which will give you ground for refusing to join your husband at Gwalior as sought by him in his RCR petition.

5. Thereafter you can file a maintenance petition u/s125 of Cr.P.C. claiming maintenance for you and your child.

6.

Krishna Kishore Ganguly
Advocate, Kolkata
22757 Answers
612 Consultations

5.0 on 5.0

1. As explained in my earlier post, in worst case, he will get a Judgement directing you to join him at Gwalior and in case you refuse to comply with the Order/direction, he can file divorce suit after one year of the date of the RCR Judgement and in that case it will be easy for him to get the decree of divorce.

2. Mother is considered as the natural guardian till 5 years age of her child and thereafter you can file a child custody case against him to get absolute custody of your child.

3. However, the RCR case and the consequential divorce suit might take 4 to 6 years to be disposed off which you should keep in mind. So, he shall have to wait till then for remarriage.

4. You can negotiate for MCD on agreed terms duly compensating your losses, which will be disposed of with in 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
22757 Answers
612 Consultations

5.0 on 5.0

Hi

Section 9 RCR will not have much effect on you.

Adviced not to attend the proceedings at gwalior.

File a maintenance case at the place where you reside.

Also file divorce case if you have decided about the separation.

He cannot escape without returning your belongings and also he will have to pay you maintenance and alimony.

Do not worry. I can help if you are in delhi

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

Hi, if you do not appear court will dismiss the case of RCR ... He will make a ground of desertion in the divorce petition, and will get an ex-parte divorce from court

Hemant Chaudhary
Advocate, Gurgaon
4306 Answers
31 Consultations

4.9 on 5.0

Firstly, as it is very difficult for you to go there again and again, I advice you to not to go there but send your advocate over there on your behalf, if in case divorce happens.

Then also you can file a case for maintenance in Delhi so that then he would have to come to Delhi again and again plus mention the list of al things which they are having of yours.

Also, file DV case against them.

You will surely get maintenance for both, but if you are working then only for your child.

Sanjay Baniwal
Advocate, South Delhi
4931 Answers
11 Consultations

5.0 on 5.0

SC in a case had said that "Custody of minor shall be with mother".

You can file a maintenance case (maintenance for wife and child) against your husband.

If you remain absent for tge case filed by your husband, then there is a chance that your husband may get exparte order.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Dear Mam,

First of all if your husband is abusive and taken dowry than file a police complaint under section 498a ipc, Protection of women from domesntic violence act and dowry phorihibition act along with 406 ipc for your gold articles and car.

The gold and car is your property it is स्त्री धन, and you have sole right on it so as soon as file complaint police shall summon them and also ask to transfer items given in marriage if they donot transfer police takes order from magistrate.

Secondly if your advocate is good you won't have problem in not appearing before court you can simple bring facts through advocate before court as husband is abusive you donot want to live with him and will take divorce.

Shubham Jhajharia
Advocate, Ahmedabad
20743 Answers
81 Consultations

5.0 on 5.0

Further child custody generally custody of child below five is with mother if he further files for custody you can contest same as for custody court consider welfare of child at atnost.

Also you will be entitled to maintaince infact now only you can file an application on for you and one for your child under crpc 125 and demand maintainance from husband court will promptly pass order and husband has to pay the amount.

And finally your are entitled to maintaince and alimony he cannot take anything from you or parents donot get depressed women have lot of rights and the court shall protect it you are in better position and you are entitled to maintaince.

Also further more you can take good care of child the court will not give away child to husband as welfare of child is almost in the custody

Shubham Jhajharia
Advocate, Ahmedabad
20743 Answers
81 Consultations

5.0 on 5.0

1. You can engage an advocate so your personal presence is dispensed with on each and every date.

2. So you need not visit the court on each and every date.

3. yes if your side remains without representation then the court can pass decree ex aprte with or without alimony.

4. if they have tortured you and withhold your ornaments you can consider filing a case under section 498A, 406 ic.

5. if you have no emolument then you can file a case for maintenance under PWDV Act at the place where you are presently residing.

Devajyoti Barman
Advocate, Kolkata
18104 Answers
260 Consultations

5.0 on 5.0

Dear Client,

You should have filed, case u/s 406 for recovery of Stridhan and other. Maintennace, Domestic Violence case,

If u will not present before court or submit reply through lawyer, ur case will deal ex parte.

U should hire some Local good lawyer in Gwalior, He/she will take care of cases.

VC not available in Gwalior than no this ground file revision.

Yogendra Singh Rajawat
Advocate, Jaipur
14442 Answers
19 Consultations

4.6 on 5.0

1.) your right of maintenance cannot be relinquished by any way.

2.) In your absence he may get the ex-parte decree against you and if you do not comply with that decree then he can use that decree for non-compliance in divorce petition.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

You can file a transfer petition to transfer the cae to a place near your home town before supreme court.

You can lodge a criminal complaint for return of your articles and car with the local police

You can file a maintenance case under section 125 cr.p.c. seeking maintenance for both.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

If you dont appear before court then the court will set you exparte and he may get exparte order

You can file a divorce case from your home town to nullify his RCR case on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

I would suggest that you file for Maintenance under Section 125 in the local court where you reside?

Secondly your husband is really interested in taking you back? As if you don't defend the court can pass decree for you to return back to your husband. And if not complied it can amount to cruelty and non - compliance of Decree which in turn can help husband to seek Divorce on grounds of cruelty.

Also you can file through your advocate in Gwalior under Section 24 maintenance for yourself as well as child, which can be done in your absence.

Also file an Application of return of your ornaments and your car from your husband in Gwalior Court.

Child is minor and below age of 5, so don't worry about custody, child will be with you only.

Grishma Lad
Advocate, Mumbai
18 Answers

4.0 on 5.0

Hi,

You are suggested to keep the court informed through your advocate regarding all the issues and defend the case strongly. You are not required to visit many times to gwalior.

Ganesh Singh
Advocate, Delhi
3269 Answers
9 Consultations

4.5 on 5.0

Challenge that case in Gwalior on point of jurisdiction.

File case of 498-A, 406,IPC in Delhi where you stay. File domestic violence case and 125 crpc also. If they have demanded dowry file case under dowry prohibition Act also.

Prashant Nayak
Advocate, Mumbai
14372 Answers
24 Consultations

4.6 on 5.0

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