• Section 9

my wife and her family were giving me threat that they will file false case of dv, 498a, etc. against me and my family. now she left my home by saying that she will destroy my family.
if i file section 9 in court then what are the benefits and negative points of it?
should i file section 9?
Asked 3 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
even if you file RCR  and court passes an order in your favour you cant force your wife to stay with you . 

main advantage is if wife does not come even after order for RCR is passed court may not direct you to pay maintenance . 

98%of 498A cases are false . even if your wife files 498A case obtain anticipatory bail and contest case on merits .
Ajay Sethi
Advocate, Mumbai
27321 Answers
1486 Consultations
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Filing of RCR u/sec.9 H.M.Act can not give any advantages against the 498a IPC case.if your wife has lodge an FIR then you should get anticipatory bail to avoid arrest.Some times RCR may help against the Maintenance Case if she would file.
Minansu Bhadra
Advocate, Kolkata
266 Answers
24 Consultations
4.8 on 5.0
if you want divorce then why should you file RCR . section 9 application is to be filed if you want your wife to stay with you . in the present case you will un necessarily waste 3 years in court and have a paper decree in your hands

better file for divorce . if after divorce wife files 498A / Dv case then court would see through her game of un necessarily harassing you and your family  .
Ajay Sethi
Advocate, Mumbai
27321 Answers
1486 Consultations
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well there is an English proverb too many cooks spoil the broth . 

the more lawyers you consult more confused you will be . 

may i suggest that there are some lawyers from this site practising in new Delhi . take their advice and then take your own decision
Ajay Sethi
Advocate, Mumbai
27321 Answers
1486 Consultations
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you can consult Mr nadeem Qureshi from this site . he is from new Delhi .
Ajay Sethi
Advocate, Mumbai
27321 Answers
1486 Consultations
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First of do not worry,let me tell you that every problem has a solutuion,just relax and face the issues when it comes to you,in case of any problem you can contact me as i am also residing in dwarka
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Dear Querist
when you want divorce from her then section 9 will not be fruitful. It will be better to file a criminal complaint under section 383/384 of IPC before court.
feel free to call
Nadeem Qureshi
Advocate, New Delhi
3812 Answers
151 Consultations
4.9 on 5.0
1. No one can be forced by a judicial order to live with his/her spouse. So no rights will accrue to you by filing RCR except that you may escape paying finances to her if she does not come to live with you post RCR. 

2. The courts are aware of large scale misuse of anti-dowry laws. As and when she files a false case against you then take bail to pre-empt your arrest. Half the battle will be won by you at that point itself.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
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If you want divorce then go ahead and apply for divorce. No purpose will be served by filing RCR if you do not want to live with her.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
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The proverb cited by Mr.Sethi applies squarely to the perplexed state of the world you find yourself in. Instead of consulting so many lawyers consult one lawyer alone and then form your opinion according to his advice.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0

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