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bhaskar (Project engineer)     27 July 2011

wife not willing for conjugal life after child was born

Hi

My wife went to their parents house for delivery and not willing to lead conjugal life with me. Its been 5 years we are living separately, in these days I have tried my best to bring back my wife back by taking my parents to their home but she is now saying that she has joined in collage and need to complete her cource therefore she will come after 3 years.

So now I have filed a case in family court for conjugal rights....

 

Please suggest me in this regard,

 

Thank you



Learning

 5 Replies

Ravinder Kumar (Account Director)     27 July 2011

Dont waste time on RCR, file divorce..I dont think she will come back..try if gets mutual..

SACHIN AGARWAL (ADVOCATE)     27 July 2011

If your wife is not ready to live with you, it is better to file a divorce suit on the ground of desertion.
 

Mentally Depressed (will tell you later)     28 July 2011

RCR has already been filed then if decree is passed then she will compel to live with you If not then you can seek the remedy for divorce

Overall the circumstances is very depressing

SukrishRam (Manager)     28 July 2011

Hi Bhaskar,

It is the same tragedy happend to me (Pls read thred: https://www.lawyersclubindia.com/forum/After-RCR-wife-not-turned-back-what-to-do--41283.asp)

you have not mentioned whether you and your wife staying in same city or or near by. Could you able to meet your wife and talk to her frequently? whether your wife allowing you to see the kid? Is she expecting you to come out from your family or live with their family? What is her financial background and relations support?

Just filing a RCR will make you to stand in front of judge for another 1 or 2 yrs and i am sure your wife will attend court for RCR petition. In my case, my wife not even attended RCR case and finally it went to X-party judgement and still no one can order her to join or live with you.

Goto her with very open mind and check with her what is her expectation to live together. please do not see any prestiege or ego or your family value etc.. Just go with transperant mind and check what is the cause for not living with you. From your statement, studies may not be the right reason and she also not ready to reveal the truth and she might expect you to take decision, so that she can tell society that you only throw her from life and she will try to gain sympathy from society. So talk to her and decide whether to live with her or mutually go for split up. End of the day, the innocent kid is affected.

all the best

Saurabh..V (Law Consultant)     28 July 2011

@Author

 

I reasonabally believe that there is something that is iching her mind. Along with the RCR you pray the court to call her for Mediation. May be due to some undue influence by her parents she is not able to join you. There could be thousands of threads entangles in both of your minds. Try to get it untangled!!

 

If she is yet rigid, then court would be in your favor. Marrying any person and then living seperately and not allowing the other to avail the benefits of marriage it cruelity and also desertion. Also, she wouldn't be entitled for maintenance in this case as she has left you without reasonable cause and even after persistance follow-up for 5yrs she did not came.

 

//peace

/Saurabh..V


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