Why not to file restitution of conjugal rights

Dear Shonee Sir, My wife has filed a false DV that I am fighting. I want divorce from her now as I have lost complete trust in her that without doing anything she has imposed so many allegations on me and my family. She says she now wants to come back and filled RCR. I have filled a divorce. 1. Does filing divorce help defending RCR in any ways. I m afraid she will come back and try to create grounds for 498 2. If at all RCR is passed and she comes back and stays with me how can i get divorce. I have filed divorce on grounds of cruelty as she has alleged that I had a keep in United States and i used to beat my wife because of the keep. 3. Dessertion is 1.5 years now but was 1 year at the time DV was filed. Which one of this would be considered and does the dessertion period keeps on incresing while the case is going on? Thank You

In the case details which you have provided, the chances of success of RCR is low. Also, RCR decree does not give her right to stay with you. You can still wait out for one year and file divorce on the grounds of no cohabitation even after RCR Decree for one year.

 

Regards,

hii shonee sir

hello Shonee sir ,

i was married on 9 dec 2012.

i have M.Tech in Ece and my wife has Post basic B.Sc nursing.my brother is well settled in England with his family.on 11 jan 2013 my brother and his family went back to Engalnd .Upto 3 months my marriage goes fine.on 29 march my mother and father went to Engalnd for a a year stay. but after they gone my wife daily threats me that she doesn't want to live with me and she has falsely married with me and she wants to marry a person who is well settled in abroad because all of her friends were well settled in abroad. she daily threat me of suicide.i told to her i will tell to yours parents about your such character, but she blackmails me that if i will tel this about anyone she will kill her self. i have no option at all i had called to my father and tell him whole story . then my father take tensions and he will come back from England with in 13 days. And my father has asked from her that what is your problem and she replied she dn't like me and dn't want to live with me. My father advise her to be calm and try to understand each other but her drama remains continue. then my father has disowned us and tell her that if she will not improve herself then he will disallowed us from home also.but one day she threats me and my father that she cuts her pulse and file a murder case against us.  i am and my father really afraid from her and in the morning my father said that get out from my house either my wife will suicide or otherwise i would died with tension. I will take her to her Parents house and tell the whole story  in front of her brothers and mother but they started abusing me and my family. I requested them dont abuse my parents whole fault is of your daughter. and i have told them she daily threats me of suicide when she gave me in written that if she suicide she is herself responsible only then i will take her. on Sunday there was a panchayant that held at my uncle's home they have given me in written that she is herself responsible if she die.After 21 days i will take her to rented house but after a week she doing the same. I am very much tensed. she gets up 1 O'Clock late night and pulled her head to wall then i hold her tightly and call to her parents that she is doing such activity but they refuse to listen me. then in the morning she try to take 10 tablets but i pick them from her and she scratched my arms baldy with her nails. I call to her cousin brother and tell the whole story and he believed me that her brother would come next day. when they came they falsely blame on me that i am physically and s*xually torture her. i told to them we  went medical examination of her if she gets a single injury i will be responsible, but they refuse and try to quarrel with me but i am against violence and am ran away from there. and her brother picked her and locked my rented room with new lock. 

After that they they demands for 20 lakhs for divorce but i refuse and they lodged a file at ssp they me and my family demand dowry and i have physically and s*xually torture her and my father look her with bad eyes. now Dsp did not listen us and he is favour the girl and her parents. and threats us he will file F.I R against me and my father. we havnt taken even a single penny from from in laws at the time of my marraige. I Request to dsp sir please told to my in laws that they can show bills but he did not listen to me.

Shonee sir please tell me what i can do for safe side of my parents and myself. just 10 months ago our marriage i can't fill divorce case because its condition is 1 year. even i dont like to file section 9 which also against me because i dont want to live with her. so please tell me if they launch F.I.R against me and my father how i can get bail. i know my father get AB because he has suficient medical record and lived seperatly from us from last 3 months . but i dont knw how i can get bail please suggest me. i shall be so thankful to you sir 

Shonee sir u dere plz help me am very tensed 

Which state the case is in?

 

Don't panic, 498a has to be faced, whether you face it today or after 10 years, this lady has shown her character.

 

Hire a good lawyer in that city and fight for AB till High Court.

 

Regards,

Hello sir 

state is punjab 

bt dsp on every date give me two options

1. he will file 377 on me bt girl has no medical proof.

2. pay the full amount the girl said (its more than 25 lakhs)

otherwise he will file F.I.R on me and my family. 

 

sir can u please tell me what documents required for AB 

can u please suggest me any good lawyer in Chandigarh i have no experience.

your are so supportive sir maine appke sare k sare comments read kiyea hai abh takk jise padke mere mein confidence ayea hai 

am really so thankful to you n god bless u always. mujhe khushi hoti hai india mein app jaise lawyers bhi hain 

Hi Akhil,

 

Don't get blackmailed. Though 377 is a henious section, but she would still need to prove the same. You would get Bail/ AB.

 

However, I would still say that journey ahead is not cakewalk. You/ your lawyer would need to work very hard for the same.

 

Regards,

 

Hello Good morning Shonee sir 

Sir from last two dates my wife and her Family didn't come for counselling and we have waited for them from 10 am to 6 pm

sir can u please tell us that can we contact to SSP that DSP and my wife's family blackmailing me and my family and harassed us. 

Akhil,

 

I am sure that there non-appearnance in counselling would have benefitted you.

 

Regards,

Dear Sir,

your post has been very insightful. My friend has been subjected to mental cruelty , dowry harassment, doemstic violence and a lot more in her 3 years of marriage. She was bleeding when she decided to leave her husband and go to her parents. 

While she and her aprents tried a civilised approach of reconciliation, the husband and his family were non repentant and refused to acknowledge their mistakes.

now he has filed s RCR with false charges on her. He has mentioned that she hit him with a knife and would go tomher parents without his permission.

this is of course false. On the contrary, she has been the victim.

What would be her stand now in this case?

RCR has its own advantages and disadvantages.Taking a cue from some cases  a false bar cannot be raised.Let the lawyers fighting the cases decide what is right or wrong. Any CRITICISM.. PLEASE SHOUT..

Timing is the key and its effectiveness is never questioned. Any CRITICISM.. PLEASE SHOUT..

I retierate that RCR is a effective weapon when used appropriately and even more when its timing is perfect. You have 498,DP,MC which are gender specific , RCR is the only one which is gender neutral.. and timing is the key.

TOTALLY DISAGREE WITH THE 200 +NODS  RECIEVED.. AS  ALWAYS SHOUT WITH YOUR QUESTIONS