Losing hope (Manager HR) 24 September 2014

Rcr and section 24 hma

Respected Sir(s),

I am detailing below my case details for which i need expert opinion /Guidance /Suggestions.

I got married in 2011 and I have a daughter aged 2 year old. I am employed in a private firm as HR manager.From the begining me and wife were living alone as my father is working else where.My wifes attitude towards my parents was negetive since begining. But we were living peace fully.About one and a half year back sister of my wife died during pregnancy and my wife remained only child of my inlaws. As a positive gesture i Suggested my in laws to stay with me for some time .The distance between my home and inlaws home was about 900 KMs.They started living with me for 15 to 20 days per month .

During this period mother of my wife started negetively training my wife. She started quarlling with me on petty issues.Meanwhile i got a new job opportunity and swithched the job.For the purposes of shifting i told my wife to live with my parents for some days. She denied to live at with my parents.So at her request I dropped her at her parents home.As I started to shift the home and new job we came to know that she is pregnent.I wanted to keep the baby but she under cousel of her mother aborted baby.When I asked her to come back she and her mother replied that she will not leave her parents home now.She told me that If i want to keep the relationship I should join her. I tried much convincing but nothing worked.I was in so much agony and new job was not working out as planned.

I left that job and become unemployed.I had to file a case for restitution of conjugal rights at family court Indore.Also started to search job. I found a new job 4 months later after much struggle. my salary being 30000 per month.In the family court on reply of rcr petition she filled that she is highly educated and capable of earning and look after herself and daughter.And also filled the interim maintenance petition of section 24.The family court ordered 8000 per month to her 4000 to daughter and 10000 in two installments as advocate fees.I truly want to live with her but her mother has so properly trained her .She has not replied to any of my emails ,sms,phone calls.We are now living separate since last 1 year .I dont understant what to do?Could you guide me on following issues :-

1.Is there any chance of her coming back looking at the communication gap of one year and not replying any communication initiated by me?

2.Should I fight this interim maintenance order the amount being so huge at high court ?

3.How should i move forward in my life?Me and my family is suffering terribly on account of all these issues.

Kindly guide me please.

Best regards,

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6 Replies

great india (manager) 24 September 2014

Withdrawn all cases by u. And don't do anything. Sit quiet for 6 mnths... Save money..... She'll come bak on track. Stop all communications from your side. If she calls up....talk polietly and wid affection...... But talk less....think more..... Slowly she'll succumb.... Dont make her feel you need her. Thts the jinx to be broken..... Cases like rcr can't force wife to rejoin.....

1 Like

rebellion (fighting against bias law) 24 September 2014

50% agree with @great india , wish u good luck

50% disagreement as very less possibility of survival of these relations which once step into litigation or police case even both parties want to be live together but everybody wants it on their terms (PROBLEM START HERE ) and even if one will agree then another one takes it as their victory (PROBLEM AGGRAVATE HERE ) and there are lot of other complex factors like human nature , ego, relatives involvement and social binding and they will drag it into again in same situation and then ppl regrets about old decision (RELATION ENDS HERE)

But bottom line try once for your kid based on above advice.

1 Like

fighting back (exec) 24 September 2014

@losing hope,,,,,,,dont even think back of taking a lady once either you or she has approached the police or the court or any advocate. once the woman approaches any advocate. she is brainwashed with tacts to hook you in cases, so in your RCR petition, once she agrees to comeback to you, she will immediately file for 498 and DV, so think a thousand times before taking a woman back, especially who has been dragged in court by you or her.....in such a scenario. a client is throughly tutored by an advocate to trap the other party. so in other words. you are inviting trouble.

immediately withdraw your RCR petiition, file for divorce, if you have solid grounds. keep paying the maintainence as that will keep your maintainence cases at bay...........

please check your PM...........................

Losing hope (Manager HR) 24 September 2014

Thank you soo much for your replies @ rebellion and great India.@ fighting back please check your pm.

Adv. Chandrasekhar (Advocate) 24 September 2014

The most important thing is whether you want to live with her or not. Your response suggest that you would like it. So, do not bother about other things. concentrate on two things. One of your allegations is that your wife is egged against you by your MIL. Now you try to know on what points she made your wife turn against you. You reflect on this particular point and find out the answer yourself. Once sincerely you believe that there is nothing for which you can be blamed, buttress your arguments with solid reason within yourself. Next in RCR case, seek mediation without meddling from any relatives. Sit with her and talk to her and convince her that you are really interested in her and how she is being misused by her mother (indirectly). It is absolutely wrong that once case reaches to the court there will be no conciliation and no bury of the hatchet and no more normal relationship. Thousands of cases are there, where the estranged couple went to courts but lateer on resumed their cohabitation because time is a healer and people while grow up gradually their bloated egos start to subside.

Now comes to legal question. When your wife said that she is highly qualified, then whether you used that statement to argue your case in maintenance application to reduce the maintenance. Even after that the amount is awarded as that is below 1/3rd and also for the wife as well as for the child, there is no much hope to approach High Court for reduction of amount. As your points do not suggest cruelty or desertion, withdrawing RCR and filing divorce is not a wise option. Finally, I suggest you that as you are intended to resume cohabitation, better to move forward in that direction by using your heart and mind in equal proportion. Wish you best of luck.

(Guest)

@querist,

lts practical truth that no lawyer or no person would help you out from this situation. Your case will become more complicated and complicated once you are entangled in other false cases by wife.

But, the person who had faced such turmoil like you will definitely guide you and give genuine and worthy suggestions.

My sincere advice to you--stop thinking emotionally.

In marital litigation there is no space for being fool and become emotional.

Treat your wife as an opponent and nothing more than that.

Concentrate on your cases. She herself admitted that she is highly educated and qualified then why she has filled hma 24. From this only you can imagine that she is only sucking your money like leach without knowing you. So, my dear friend dont be like a fool.

Withdraw RCR , there is no use of RCR in your current situation. She will simply drag and suck maintenance from you and even not join you.

File divorce on the ground of mental cruelty plus desertion if it is completed of 2 years of separation.

Then, she will automatically understand what you are ,

And from there itself it will be clear that whether she still not need you or she need you.

It will serve your purpose and ultimately it will save your important & precious time, money and energy on such unfaithful wife.

Choice is yours...!

ESIS