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Laws for harassed husbands

(Querist) 22 April 2013 This query is : Resolved 
I am new to this site and observed that approx 75% of the queries are related to the harassed husbands.

Is there any law initiated to curb those wife's intentionally ruling there husbands & in laws with the weapon of laws provided to protect themselves.

Why the innocent husbands are so helpless that they cant even stand or protect themselves from these absurd laws.

Like others even i am the victim of my wife (not gone legal yet) but they are planning to do so. what are the precaution should one take?

She is away at her parents since 8 months and stopped talking to me for last 1 month. we went twice to get her back but in vain, we are unable to understand what went wrong that she is denying to come back without giving any solid reason. many of ours even her relatives asked her to go back to your matrimony house.

(note: in her parental house her mother is the king, she had parted her husband from his relatives. now nobody from there relatives interfere in their household matters, due to this situation we are unable to take any help from their relatives)

she is asking me to leave my parents and stay with her at a place neighboring to her parental house, i asked her to give me a solid reason or atleast convince me that why should i leave my parents and stay with her though as per tradition and culture girl should stay with her husband where he is staying.

we have our own house and a family of just 4 members then to she is not comfortable. we have never asked her to work as we have servant working, we have given her all the freedoms and lavish life just relax and enjoy.

i have never asked about her past life, i even ignored some of her male friends texting her very frequently through which i can prove that she was having bad company earlier.

I love her and want her back and stay with my family

please advice what should i do with this crackpot?.
Advocate M.Bhadra (Expert) 22 April 2013
To save your marriage life you can live separately with your wife at another place and help your parent by sending money to them.Failing which you can file a suit for Restitution of Conjugal Right in Family or District Court.

Section 9 in The Hindu Marriage Act, 1955

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights land the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Devajyoti Barman (Expert) 22 April 2013
The intervention of family elders do yield good result in this type of situations provided she is willing to listen.
Engage her in regular talks.
Filing suit for restitution of conjugal rights is an option but not practical if she has closed her eyes and under the influence of third person.
somesh (Querist) 22 April 2013
Thanks for your reply dear sirs
I dont know much about the law, but want to know that can she shift the case to her judicial area once i file RCR?

secondly, my parents are ailing i cant leave them and stay with her a 1500kms away from my place to her place so this idea cant be considered at all.

Should i start collecting proves against her?
as we are trying to settle the matter out of court in panchayat.

Can she move to court once the matter is settled in panchayat? as looking at our india's law i would like to stay away from court.
R.K Nanda (Expert) 22 April 2013
no more to add,
Adv k . mahesh (Expert) 22 April 2013
the better to move a close relative of your mother in law whose words she listens and try to settle the matter amicably because your wife is with her mom and now even she is not talking to you so mediate a person to settle and then talk to her if then also no fruits then try for legal battle
ajay sethi (Expert) 22 April 2013
if you are only son we cant advise you to shift near your wife place which is 1500 kms away particularly so when your parents are ailing . dont file for RCR . it may aggravate the issue .better cvontact a local lawyer and take his advise . dont purchase any property in your name
Raj Kumar Makkad (Expert) 23 April 2013
No more to add in the given replies.
Dr J C Vashista (Expert) 24 April 2013
RCR can be shifted if you want to file in the jurisdiction of the other court where she is residing now.
You must take care of your parents at any cost.
Always better to settle amicably and restore your matrimonial life.
Best wishes
somesh (Querist) 26 April 2013
trailing to earlier query

now her dad has telephoned us 2 days back that he is ready to send the girl, but somewhere there is a lagging point that now she & her dad both are not picking up our call (not even wished me my first marriage anniversary) as we want to confirm the date when we should go and receive her.

please advice what would be in their mind?
what is their attitude?
ajay sethi (Expert) 26 April 2013
send her a email wishing her happy wedding anniversary . mention that you tried calling her on your anniversary but cell was switched off
Dr J C Vashista (Expert) 26 April 2013
Opportunity has knocked your door, encash
Best wishes
Sudhir Kumar, Advocate Online (Expert) 07 September 2013
Facts are scattered on several threads :-

http://www.lawyersclubindia.com/experts/want-to-save-our-marriage-411886.asp#.UitCqX_Qzmk

http://www.lawyersclubindia.com/experts/laws-for-harassed-husbands-387421.asp#.UitCt3_Qzmk

http://www.lawyersclubindia.com/experts/want-to-bring-my-wife-back-410526.asp#.UitCr3_Qzmk

http://www.lawyersclubindia.com/experts/want-to-bring-my-wife-back-403956.asp#.UitCs3_Qzmk

http://www.lawyersclubindia.com/experts/planning-to-file-rcr-415581.asp#.UitCpH_Qzmk


It would have been in your interest of have all facts in one place so that the experts do not have to spy around for facts of the case and you get complete advise at one thread.

You have got enough advise if you really intend to save marriage then go ahead.
Dr J C Vashista (Expert) 08 September 2013
It would be better to avoid misuse of this platform
Guest (Expert) 08 September 2013
Mutual adjustment is the only remedy. Take help of family friends to meet with her parents and discuss the actual problem and be ready for mutual adjustments. Any legal method may not help you, as legal provisions, besides being highly expensive, are totally against husbands. However, at the time of need if some legal tangle arises in future, those family friends would prove to be the best witnesses of the case in your support.


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