Ravi 22 November 2016

Restitution of conjugal rights

Hi My name is Ravi. My marriage is held on 29/01/2014 then after me and my wife lived with a joint family. In last April she got pregnant. In that time I'm doing my file process for my student visa. I'm also processing her file as a spouse. I got a visa in March and due to her pregnancy, her file is not processing. I went to Australia and after 10 days her baby shower is done and gone her parent house.

When her delivery is a date I'm back to India for 1 months and doing my baby passport process after 15 days of delivery. But due to some circumstances, I'm not gone back to Australia and stay here in India. After delivery, she comes to my house for 2-3 times for 3-4 days but in last time she went her uncle house and I said not to go there. After some discussion, she went back from her uncle house to her parent house. now my contact is total is cut with her.

Now she is blaming on me like

- You drink (in my life I never drink )

- You are touching me about affair ( she has affair before marriage but that is not discussed after marriage by me )

- You are asking for money ( I never ask for money to her. She take me some money with her after baby shower and all ornament of mine )

So my question is that:

- I need my child grow with me so am I eligible for RCR. am I asking for a child ( baby boy) after 7 months?

- Her family history is not good. Her father comes back to home after 15 years.

- I'm not asking only for child If she ready to come back then fine else can I ask for my child custody when child turn 9 months old ?

- Can I ask to return my all ornament ?

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12 Replies

whatnot 22 November 2016

Simple answer is it is time to move on.

If you still have visa to Australia. Go ahead . Live as long as you want .

But if you want to fight. Forget the child for next 4 years.

Law is skwed. Only thing you can do is. Keep the record of trying to patch up. Send a RCR from rented place 1 year after separation, then file divorce after winning 1 year after RCR winning.

The rest is futile act.

Ravi 22 November 2016

Thanks whatnot..

Now I have not valid visa for Australia. I discontinue it.
Is there any other way that I can get my child back ?
we are trying to patch up but her mother is not ready due to that she is also not ready.
is there a way to get back my ornament that she take with her ?
If I get other country visa and go over there then is that way she calls me back like police case ?
If I win RCR then can I get my child custody ?

Thanks

whatnot 22 November 2016

Child is infant at this moment. So you won't win the custodial case.

Get a mediator to to talk to who knows both the families. Offer to move to different city. Other than that you can apply for RCR and ask for child visitation under same. Before reach to court make sure all other options are exhausted. You should try and patch letting ego aside.

If you get a visa, you can go to that country. No chasing police unless you have pending criminal case.

Ravi 22 November 2016

Thanks whatnot. It really helpful to understand my situation and what to do next

We are trying to patch as best level and ready to do all possible way. but her mother is not ready.

If I get visitation then should I go to her parent house or court decide where to meet ?
If I loss RCR then I need to give her maintenance money ? ( If I show my income as nil then I need to give her any money ?)

whatnot 22 November 2016

Abandoning a spouse is an act of coward no matter what situation is. You should prove your intentions towards welfare of mother and child by providing decent living.

Trying to shortcut would lead you to more complications. Shower her with gifts and take her out on vacation. It is your wife. Why are you planning to cover your ass?

whatnot 22 November 2016

Deposit above 2.5 lacs into her account in old notes and enjoy the show

1 Like

Ravi 22 November 2016

thanks whatnot

I'm trying at much as possible way. But she is not ready in any way. I offer all things what she want but her mother is the person who is disturbing my life. Her mother thought me as ATM and I'm for my wife and child not for her mother so at last I need to prepare for this. I know in court it more worst for me as per Indian law even if my things is true.

A.V.Pattanashetti (Advocate. Practicing since from 05/02/1993 in all field ) 22 November 2016

U CANT GET CUSTODY OF 7 MONTH CHILD AND U ISSUE NOTICE HER TO JOIN UR COMPANY BUT BUT ISSUING NOTICE IT IS BETTER FOR CONCILATION WITH ELDERS, IF U NEED ANY ASSISTANCE CALL ME. A V PATTANASHETTI ADV BIJAPUR KARNATAKA. 9448035651

A walk alone (-) 22 November 2016

You have done mistake the time when she need you most ( pregnancy duration) you went abroad. The ornament which you or your family give her its her streedhan. Anyways You can't get custody till your child become 5years. She can backfire once you file RCR. She will file false cases which will ruin your life in roaming court. No court no law can force her to live with you. First try to sort out matter by involving elders or common relatives within four walls. Once matter comes in court only divorce happens. Family matter should be solved in four wall instead of roaming court wasting time and money.

Computer_xp1 23 November 2016

Please decide first if you want the marriage to continue or not If you want, use mediator to get back her, then take your family out of your Inlaws (if you feel you have bad inlaws) reach(Croc is more powerful in water, so take the Croc of water first, then show her the love which makes her forget the past. Remember never bring the past discussion again) If not : all mediations failed follow this Cut communications and remain for few months (you will know their intensions) If call comes then follow first rule. If not go to the best lawyer in your place(costly medicine works fast), follow all steps to defend your self before they stike and then stike and pray to god for your son. All the best.

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Ms.Usha Kapoor (CEO) 23 November 2016

clubindia Home Ravi's Profile Ravi About me Member Since : 22 November 2016 (Ahmedabad ) " I will be updating it soon" My Contribution Activity Forum Sorry no items exists My Messages Ms.Usha Kapoor 23/11/2016 17:06:25 I'm writing my legal opinion here because twice while I was writing from my PM thanks incharge removed it. According to hindu Minority and guardianship act read with 'Guardian and wards act mother is the natural guardian up to 5 years of age. afterchild completes 5 years of age the father is natural guardian for the child.According to the above two acts "A child'S welfare is the paramount consideration:. So if child is not surrounded by unhealthy atmosphere the child can stay with his mother upto 5 years o fage. YOU can get visitation rights. After 5years you can get child custody if the court believes that your better than his mother financially AND EMOTIONALLY WITH SHOWERING LOVE ON THE CHILD COURT MAY GIVE CUSTODY RIGHTS AND GUARDIANSHIP RIGHTS TO YOU. Her ornaments etc are her rstridhn. You only have custodial rightsor dominionover them and she is the beneficiary. At rthe time of divorce you'll've to return them to her. In case you want her back along with the child than there wouldn't be any problem. If you appreciate this answerplease convey my forum thanks by clicking thanks.

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Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=369438

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(Guest)

If child is the only thing that you want, you need to take the wife into confidence. Without winning trust of wife, you cant win this. Bend now, she will also bend. Then enjoy whole life with kid and her. Haar kar jeetne wale ko Baazigar kehte hain.