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What legal action to take when divorce is granted , RCR is pending?
29-Jun-2023 (In Family Law)
I am girl and i married in 2013 but from first day the behaviour of was not normal. he tried to hurt me and ask for my salery as i am state govt. employee. i go back to my father and waiting for be everything to normal state. but in 2014 he apply for section 9 restoration which i dont know . iam still waiting for settling every thing. but nothing changes to him and his family . they forced me for taking my salery and continue hurting me. after waiting too much i am filing case for divorce i. 2015 after waiting a year they cant come in any date. after seeing this the court give me x party decree. before this i got about section 9 which he filed. my lawyer apply for transfer that case to my home district. after getting decree of divorce. his family came to court and apply for reopen and now court ask me to give answer that why i not share about section 9. i was not properly guide. i said about section 9 in court but not given in writing. either he is not come in any date or not recieve
Apka case me expartee setaside hogi kunki apne facts chupaate hue court se judge ment karwaya he....lekin agar ap case ke facts or judgement ki copy bheje to apke case pe detailed study ke baad apke according opinion di ja sakti he
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Adv. Kamlesh Kumar Sharma
Jaipur | 25+ Answers
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First of all its not your duty to inform the cases pending filed by him. Second when decree of divorce is passed there is no use of section 9 application. If he has applied for reopen the case you may file reply to the application of reopen and challenge it. Court cannot ask you about sec 9. If the court has passed the order in this regard you may challenge it. For more query you have to contact with all files n documents. Thanks.
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Adv. Anil Vyas
Jodhpur | 100+ Answers
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as per your facts as you stated that you don't know about the proceedings under section 9 of the Hindu Marriage Act. whether notices were served upon you or not ? if not then you can take the ground regarding this fact that you have no knowledge or not aware about the proceedings and notices were not properly served upon you. All depends upon facts.
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Adv. Prem Dayal Bohra
Jodhpur | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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