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mrindia (proproitor)     21 July 2014

Section9

hi,

 my wife left house in december.

filed complaint in CAW cell against me in january

i kept writing i want to bring her back

but she said she was not sure.

she is living under the influence of her brother-in law and mamaji,as she does'nt have a father.

her brother in law is very greedy and not letting us re unite.i met her and found out that even she loves me and she wants to be with me but she is under influence of brother in la who is supporting her and her mother finanacially .

my question is can i put section 9 ?is it advisable to do it?

i have one son.she put DV case aganst me and fir is about to be registered.

please advise.

thanks



Learning

 1 Replies

Tajobsindia (Senior Partner )     21 July 2014

1. No.
Reason: You should have filed RCR as soon as she left if agenda is to bring her back and lead normal marital life.
2. Once she has filed DV and some FIR is in the pipeline filing RCR now is not advisable.
Reason: You should read properly her DV complaint and future FIR and if 'allegations' are in bad taste negating proper will to lead normal marital life by one spouse then it is not advised to file a RCR now. Who knows she may state in FIR allegations of some false nature against your family members too whereas marital facts were not such which all comes out with evidences and which ends up leaving bad marital taste if RCR is now filed by you.
3. If she loves you and wants to live with you as she says to you in private then she has to make immediate drastic changes in her mental health to lead normal marital life away from 'influence' of any third party which remains doubtful from your given facts. The hindrances here is widow mother in law upkeep r/w financial help provided to the lady who is now your wife’s by her mamaji / brother in law which makes these two persons ‘influence’ relations of her more than you.
4. She is an adult as well as a married person now so efforts should come from her and not be influenced by third parties.
5. Further you also need to tweak your lifestyle such as be financial provider to her mother which will happen if you are willing to tweak future life judging your present and future financial health.
6. Harmoniously leading marital life with wife and mother in law having such contentious financial social encumbrance situation is a delicate art of social problems solving skills. See your capabilities and then act wholesomely from 'head' and not from 'heart' as what you should do which shall bring sense of 'security' to a fatherless lady who is now your legal wedded wife and being her guardian you should then act accordingly from your 'head'.
7. Other way of bringing security in her head is to sit with her mamaji / brother-in-law and share financial burden equally among all so that end result is your marital life is saved eventually and they also feel relieved from such encumbrances. These are very very tricky social way of bringing harmony and is achieved if you are a mature person and know fine art of public dealings (her mamaji / brother in law). 
Colly. reasoning 3-7: Moral of brief: In India you donot marry just a adult woman but her entire family – relations too.


[Well question of RCR as in this brief are all about understanding  last few paras and it is not that you should not at all file RCR!]


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