My sister was married in 2013. But after two or three months her in laws started torturing her for dowry.We have filed 498 A and DV case against them.Chargesheet has been filed in 498 A. We have strong evidences against them. Now he has appealed under section 9. Recently we got the summon to appear in the court, stating that if not present we will be the exparte. Our lawyer is saying that we do not require to appear in the court, exparte in this case is not going to affect us. Is he right? Will it not affect us if declared exparte ? How can we create some pressure on him?
Asked in Family Law from Roorkee, Uttarakhand
Do not take any chance. If decree is passed ex parte the section 9 suit then the allegations made by her husband in the said suit will act against your sister in the 498A case.
Immediately appear in the suit and contest it on merit.
1) you must contest the RCR proceedings filed under section 9 of HMA
2) file detailed reply .
3) contest the RCR proceedings
4) in reply state that it is not possible to stay with husband on account of constant dowry harassment
1. Ex parte will be a one sided finding of the court wherein it will accept the allegations on the face value thereof. It is always wise to contest the false allegations which have been filed.
2. The ex parte judgment can be used by him in the other proceedings. So you should enter defence to contest the case.
If your sister is not interested in continuing her married life anymore, she can very well attend the court where he filed RCR petition and can file a counter stating that she is not interested living with him anymore hence she requested the court to dismiss the petition.
In the alternative she can file a divorce petition from her side seeking dissolution of their marriage by a decree of divorce.
Hi, it is my sincere advise you to contest the case, once you received the summons then you have to appear before the court or else court will pass an order without hearing you.
It is not desirable to not attend the court. Your sister must attend the court and give evidence in favour of her contentions and against the allegations leveled against her. If an ex parte decree is passed ,it can be used your sisters husband in future proceedings. Also she will file Divorce petition
you should file complaint under section 125 crpc for maintenance. If you have reasonable ground to live separate from matrimonial home then your in -laws cannot compel you. Petition under section 9 is not more than a tactics to linger on criminal proceeding. You should not appear, if court gives ex-parte judgment then you will have right to file restoration application. you can avoid it upto 1 or 1.5 years. after exparte he will file execution application .... when you get execution notice then you may file restoration application.
till then focus you on criminal proceeding.