Why not to file restitution of conjugal rights

I understand the futility of RCR. But I want child custody, what is the other alternative available without filing either RCR or divorce

You can file a petition under Guardian and Wards Act w/o filing RCR or Divorce.

Originally posted by : SUNIL
	Dear Mr, Shonee   My Self Sunil Saini , Working in private company in Kandla Special Economic Zone , Gandhidham Kutch, My Wife Working in State bank of Patalia as clerk , at Jodhpur , Rajasthan.   Our marriage was held on 24/12/2012 , after that she lives only 10 days with after that she is leaving with her parents at jodhpur as she is working in SBP , jodhpur    now i want to take my wife at my home as i don't want to leave her , now she is denied to come with me as she got a good job in State bank of Patalia , and her parents also denied to allow him to come with me...   i have just filed RCR against her , now can you please advice me what to do...

RCR you have filed, that's of no use.  No court in India can make your wife cohabit with you.

As far as alimony is concerned, as that would be the next step your wife would take, go for a 125 crpc etc.

You need not be paying alimony to her as, she is already working.

Mr Shonee, 

Please clarify me if "educated wife if she worked earlier before marriage or has the capability to earn she is not entitled for maintenance".

@ Sunil,

If the lady doesnot wish to reside with you, she won't come back, even after the decree of RCR. That would just plain be a waste of time. Also, she would file various cases against you if her back is on the wall.

The way out is mutual discussion so that you can seek divorce with Mutual Consent.

Regards,

Shonee Kapoor

@ Uma

There are various judgments from various High Courts, but this is essentially a matter of how you argue in the court. Also, the judgments are not binding on all courts of India, just in the states where such decision has been sustained by High Court.

Regards,

Shonee Kapoor

Hello Shonee Sir,

Thanks a lot for providing all of the guidancec through this thread.

My Case is similar to all fo the guys here. I got married and my wife left my house in initial 3 months. To do the same she actually provoked her family and made them believe that w are bad people. Now while leaving she actually threatened me that she will go head and file cases against me. In the fear of tht I consulted a  lawyer and filed RCR as a preventative measure.(as advised by my lawyer.)

Afterwards I came to know tht it is not a sufficient tool for safeguarding. My file was out of counselling now and my in laws have submitted there clarification document. This document contains lots of urealistic statements and we have been shown as huge dowry takers. They are specifically targetting my mother and father in the document.

I feel tht this marriage should break now. As they are not good ppl to continue with. For the same can I step ahead with withdrawing my RCR and filing a divorce case? There is no proper ground available for the divorce petition apart from the fact that my wife deserted me. I cannot file desertion as well as it is only 8 mnths she is not staying with me. Please guide.

It's time now to amend our ill sucking family law framework to counter current evil practices!

Western countries mock at our system and pity us,the unfortunate folks.

Due to the cultural damage that is caused by western influence,our society is already in the verge of a big breakdown ..thanks to our loose legal framework,loopholes .....

Dear Shoneejee,

I have 11 years of marriage. I returned to India from Europe to take care of a dying mother and a 71 year old father who is a heart patient who would be left alone otherwise. My sisters have lived away after being married before me and they live in distant places from my parents.

I have 2 sons aged 3 and 8. Wife returned in March. She did not like staying in Matrimonial home with my parents. She slapped me in front of kids 3 times to provoke me/vent her anger at having to stay in India and not in Europe. 

I recorded my conversation with my son where he accepts he saw his mother hitting me.

Her parents were also instigating her whenever she went to her parental home (15 km away). I had an argument with them earlier where I was complaining to them about her abusive behaviour and they would not accept it and were blaming me for her abusive behaviour.

To take their own personal revenge against me they instigated my wife (by contantly bringing up small incidents in our 11 years of marriage). My wife did not have the courtesy to talk with my parents in the last 1.5 years even though my mother was dying of cancer. 

In our 2 arguments the parents constantly bring up 11 year old incidents and shift blame which resulted in arguments. After the last of the 2 arguments, they took away my children and wife (less than 2 months after she returned from Europe).

I had added her name into 3 properties one of them is a big amount unfortunately the other 2 have gone into litigation with the builders who duped thousands of investors.

2 things they have done now:

---------------------------------------

A) Now they have filed a maintenance case in Mahila court asking for 60K per month and 10 lacs as damages for mental harassment in addition to 50k for litigation expenses.

B) They have filed a false complaint to the police about 2 weeks back for domestic violence and domestic violence. They are asking for the passports of my children so that she can travel back to europe with the children.

We have filed RCR hearing will happen in 24 days. Mahila court hearing to start in 28 days.

Because of the 2 children, I dont want to end up fighting a bitter fight for custody because she cant stay without them as well. But if push comes to a shove and I am pushed to a corner then I will have to.

It is tough because of 11 years of marriage, 2 kids and our common goal to return back to Europe. However she wants to go now and I want to go after I have fulfilled my obligations to my parents.

I just hope even if we win the RCR her parents would stay out of our lives. They have always instigated her and never let her come over to my side mentally.

I am worried that she comes back and creates the same drama again as this time (due to her parents).

Do you think RCR is good as I have done?  What path should I take?

Dear sir,

              I had filled a petition of section 9 in may 2012 reconcilation failled. In reconcilation my wife told me in front of judge that she has life threat from me and still wants to live with me if i give in written that i will not ask for dowry in future and quit my ocassional drinking habbit. I agreed to quit my ocassional drinking habbit but refused to give in written that i had asked for dowry and in future will not ask and judge also told her that no one can will give this in written. She has not filled till date any 498 case or domestic voilance case but filled petition of section 125 crpc for which she has been granted maintanance of 4000 and 2000 for my daughter. I had filled petition of section 12 for interiem visitation rights for my daughter whic i got twice a month. Now my quiestion is that her ulterior motive was that i should seperate from my widow mother, being only son i refused initialy. But now i had given her all option through her advocate that if we can live seperately, oyher is we can go for MCD or out of court settelment for Divorce. She has not agreed to any. Now my petition for section 9 is at the evedence and i had sumbmited recording of my wife that when i will take seperate accomadation she will join my company. SIR KINDLY GUIDE ME NOW AFTER O1.5 YEARS CAN SHE FILE 498 OR DV CASE AGAINST ME.            

NOW WHAT TO DO HER LAWYER HAS ALSO TRIED HIS LEVEL BEST FOR RECONCILATION BUT UNDER INFLUNCE OF HER UNCLE SHE IS SAYING THAT SHE WILL DO WHAT EVER HER UNCLE SAYS AND HER UNCLE IS NOT AGREING FOR ANY THING BUT TELLING HER ADVOCATE TO GO ON WITH CASE

WAITING FOR YOUR EARLY REPLY

if not to file RCR then what will be the second path...????

A husband has only 2 cases to file to trouble a wife who is a siting suck since months, 1) divorce 2) RCR.

In divorce ONUS is on husband to prove cruelty and disertion but in RCR wife has to prove cruelty and other things so why RCR should not be filed to break the ice and start the WAR?

Summersail,

If there are no grounds for divorce except desertion, then just withdraw the RCR and bide time.

There is no law in this country that some or the other litigation must go on between couples who can not live together.

Also, 8 months is not sufficient time to file Mutual Consent Divorce. It would take atleast 4 more months.

Regards,

Shonee Kapoor

Parthasarthi,

I agree with you.

Regards,

Shonee Kapoor