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Why not to file restitution of conjugal rights

Page no : 12

karthik   27 June 2017

Hi . I am here for asking legal advice regarding divorce. I am married on March 2012. I am living in join family with my father (dialysis patient) and mother. My wife forced me to see separate home which i promised her to take at right time because my father was sick and I am only son. My elder sister was married and she lives in abroad. My wife unwillingly agreed. After then she wants to join job. so we encouraged her by allowing her to join bank courses, TNPSC courses in Chennai. Later on she got job in private bank in 2015. After then she totally changed. She decided to dominate me along with her parents and relatives and forcing me to leave my parents. At one point being working in Chennai, she refused to come home itself. One fine day (15-9-2015), at my second son naming function, we are all gathered. My first son voluntarily came with us which her relatives, her parents acknowledged. So I started schooling for my son in my town itself . After then my wife and all her relatives created situation that I wantedly separated her from first son. I just consoled them that I didnt separate her and first son, I just take care of him, join him in school and allowed her freely to come and see her son. But they took it in wrong way that I am blackmailing her by separating her and son. She didn’t come home after then. On Dec 2016 she came with her relatives and tried to point fault on us and demanded my first son. There was quarrel and they agreed to live my first son with me. She came then and there between March 2015 and March 2017 march to see her son alone. After then she applied transfer to her native and one fine day she took away my son from home without knowledge of us. When we inquired about this to her relatives and her parents , they are all neglecting to speak with me at all. We went to speak to her native to speak regarding this, but they put false complaint over me and my parents in their local police station. They are using the law that mother is the natural guardian of child and if i want I wish to get transfer to her area. I am completely disappointed with this. There in local police station we both gave written statement that will solve it mutually. After then within two days her relative sent a complaint to my office (I am working in PSU-BSNL) , CM cell-Tamilnadu to take action against me. Since proper evidences are not there they can't do anything beyond this. Shall I file RCR for safety and wait for their reaction or how to proceed. Shall I wait for one year to get complete to file RCR or Divorce due to desertion. Kindly suggest me in this issue. I took care of my first son from sep 2015 to march 2017. Are there any way to get hold of my son (5years old) from her atleast. I am really frustrated. Thanks & Regards, S.Karthik wanttolive29@gmail.com

Read more at: https://www.lawyersclubindia.com/forum/Need-advice-151168.asp

Sanmathi S Rao   14 September 2024

Sir, one query, can the court draw inference of neglect if the husband fails to file RCR for a maintenance proceeding under Sec 125 Crpc,1973


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