You should engage a lawyer and file detailed reply denying allegations made in RCR petition
if you dont contest wife would get exparte decree
Do we need to appear in front of court if section 9 of HMA is put
My wife has put a petition under section 9 of HMA over me and from court i received a notice for this. Now my lawyer is saying that we dont have to appear in front of court for any of the hearings neither its required to intimate the court that we wont be coming for current session and likewise we wont be going for any of the hearings and at the end the court will order that my wife could go for divorce as iam not interested to keep her with me. Can anyone among you could suggest me that as my lawyer planned to deal this case as mentioned above is the right way or anything else needed to be done in this case?
Asked 6 years ago in Family Law
Religion: Hindu
18 Answers
Hello,
I would advise you to appear because in case ex parte order is passed against you and she instead of going for divorce file cases against you then she can you this order of section 9 against you.
regards
See court may order her restitution petition in her favour and can ask you maintenance and to restitute the conjugal rights though on restitution if you fail to live with her then she may claim divorce.
In my view you should contest you should not leave it uncontested.
Hi,
I have the different opinion and I suggest that you should appear and answer the case because besides section 9 of HMA, she may also file section 24 HMA for maintenance and the court may pass orders against you in your absence.
I already have a lawyer appointed and she is already handling my judicial separation case as well as the DV case filed by my mother over my wife. But now my lawyer saying she read some decisions made on same section based cases and she is confidently saying that she will also not go neither i need to appear in front of court and court will direct my wife to go for divorce My question is if she gets a ex parte decree will she get the right to stay in my home without my permission and also will she get right to get maintenance from me and what other ways she can utilize ex parte decree against me and will i ever get divorce?
Asked 6 years ago
She will not get the right to stay with you. You may appear before the court and inform them about the pending case of nullity
regards
See firstly she can demand maintenance in the petition secondly there can be some false allegation if undisputed shall be understood as admitted. Further though she can also claim residence as she is wife in your place. And further then if you go for divorce she shall raise difficulty from same.
1. I am not sure why and how your advocate is adivising such weird opinion.
2. Remove this advocate as he either does not now about the case or is ill advising you for reasons best know to you.
3. Do apepar in the case in the coming date and put your defence as per your wish.
4. it is wrong to say the least that if you remain absent continuously the court would order divorce.
If you will not appear before court, it will pass ex parte order of RCR. but Even when a decree of conjugal rights is filed by a competent court of law in favour of one of the spouses, such a decree cannot be executed and the other spouse who is directed to resume the conjugal relations, cannot be forced to do so.
Wife is entitled to reliefs claimed in RCR case if you do not contest the proceedings
2) she can seek maintenance from you in RCR case
It's not always the aforesaid way if you don't appear an exparte order against you can be filed in which court will direct her to return to you and you both to again cohabit.
1. You have to appear only during the evidence stage when your evidence as respondent will be recorded. On all other hearings the presence of your lawyer shall suffice.
2. If she gets an ex parte decree in RCR case then she can execute it to reside in her matrimonial home.
Section 9 defines conjungal rights. the rights, especially to sexual relations, regarded as exercisable in law by each partner in a marriage. In this judge call both the parties to settle the issues. It totally depends on the other party whether he/she wants to resolve the problem. There is no any compulsary to exercise your rights under this section. You just go in the court if the issue solve between both of the parties then its okay otherwise you just call off the procedings and file the reply that there is no any chance to resolve the problem and wait for the judgement. It is just a proceedings you dont have to worry for this. Directly ask the court that there is no any chance to solve the problem
Instead of allowing this case to become exparte you may better contest and file a counter claim seeking divorce in the same petition on the grounds of cruelty.
Your lawyer may be telling some ideas but practically it may not be possible.
Whether she is getting exparte decree or not, so long she remains married to you, she can enter into your house as your legally wedded wife.
She can very well claim maintenance even after divorcing you under section 125 cr.p.c.
Dear sir
You have to appear personally or through your pleader in the court for section 9 HMA for giving your reply in which you can deny for restitution. Other wise the court will hear the case Ex parte against you and decide the case in favour of your wife. And after that she can claim maintenance as well as accommodation in your home which will be ordered by the court.
Yes you can get divorce if you have valid and genuine reasons for divorce.
According to me you should appear before the court and file your reply in which you should mention the cases you have filed.
But if you lawyer is saying it is not necessary then may be she is right in this case as she knows the case History better
Dear Querist
appear before the court and approach the court that you already file for judicial separation case so both case should be heard together.
ex-party decree may create problem as based on that decree your case of judicial separation may got dismissed. she may get order from the court for attachment of your property and it may also be possible that she may claim maintenance under section 24 of HMA in her section 9 case and that will also be decided ex-party and you have to pay the maintenance without even fighting the case. so as per my opinion, you should appear before the court and fight the case on merit.
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Dear Sir,
No, the Court can not force judgment debtor to comply RCR decree.
Court may pass a judgment in RCR suit in favour of the petitioner, however it is useless as far as revival of marital life is concerned.
Executing RCR decree by attachment of property of the respondent by court does not mean handling over the property to the petitioner, that is just for getting the respondent agree for restitution of conjugal relationship, but if you in court refuse to keep her, court cannot forcefully keep her in your matrimonial home, the court can allow her maintenance and make you arrange for place to live at your cost if she has no place for her residence.
- You need to underrated the meaning of section 9 which I think has not been thought to you in a legal manner, so that you would have understood it.
- Section 9 petition are not binding over the person against whom it has been passed.
- It is just a stage before the divorce so that court can reconcile both the partners.
- So, even if she gets the order as ex parte, she can’t forcefully be there in your house.
- In fact, I would advice you to go and file your reply as to why you do not want her back in your life, in this way she won’t hey the ex parte order also which she might miss use it as she doesn’t know the meaning of this order.
