Save marriage
somesh
(Querist) 19 January 2014
This query is : Resolved
Dear experts
i am planning to file rcr to save my marriage
if wife receives summon she have to attend the date or she can send her advocate??
my in laws has played havoc in my married life as under influence of my MIL now even my wife is also saying no to live with me.
I have done all sort of things to revive our relationship since 1.5 yrs, i have taken help of elders and from relatives of both the sides but all in vain. everyone has failed to bend her mother but my plus point is now all relatives are in my favour.
i have accepted all her and her parents conditions but result is zero.
please let me know any precautions to be taken to save my marriage and even my parents and relatives (if she has any bad intentions)
i want my wife back as my heart still says that she has soft corner for me.
plz guide me
Advocate M.Bhadra
(Expert) 19 January 2014
In fact filing of a suit for Restitution of Conjugal Right may be time and money loss because execution of a Decree of RCR is very difficult.However you can try to convince them through both side relatives and friends.
somesh
(Querist) 19 January 2014
thank you all experts
one more query please
can she file any case which can put me in trouble once i have filed rcr??
V R SHROFF
(Expert) 19 January 2014
RCR is TOTALLY USELESS , especially for u.
prabhakar singh
(Expert) 19 January 2014
Mr.SHROFF seems right.
No decree of RCR can serve purpose of saving any marriage unless wife willing to come back on her own.The decree, if remains dissatisfied for statutory period, can be used for breaking the marriage by a divorce petition.In addition often RCRs provokes counter cases of 498a and DV cases by wife ,may 125Cr.P.C. too.
Devajyoti Barman
(Expert) 19 January 2014
RCR may be hard to be executed but it is very good to keep the husband in good light if the wife files case especially of criminal nature in future.
For getting bail RCR also comes very handy.
I have very good experience about productivity of RCR cases.
Rajendra K Goyal
(Expert) 20 January 2014
Yes, if you file RCR your wife may file counter cases as advised by the expert prabhakar singh ji. better continue with the try for amicable solution.
V R SHROFF
(Expert) 20 January 2014
"i want my wife back as my heart still says that she has soft corner for me."
........so no litigation.....
somesh
(Querist) 20 January 2014
Dear Expert
i understood your advise, but i am afraid as she is under influence of her mother and her mother will file all this shit cases against me.
therefore i want to safeguard myself & my family so now whats your opinion experts please advice.
ajay sethi
(Expert) 20 January 2014
go in for divorce by mutual consent . your wife dosent want to stay with you . so no sense in filing RCR . if you file RCR she will file DV and 498A cases as counter attack . best is to go in for divorce
Rajendra K Goyal
(Expert) 20 January 2014
No precautionary measure can be taken in advance. However, try for amicable solution to save marriage is best, if successful. This step of yours may save you from harassment for years.
If not possible, explore the possibility of mutual consent divorce.
Shonee Kapoor
(Expert) 20 January 2014
I have never found any merits in RCR.
Please read my article on the same:
http://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp#.Ut0T7tK6bMw
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
somesh
(Querist) 20 January 2014
Shonee sir,
i have read this article many time
i am trapped because my FIL has no rights given by MIL to interfere in our matter so all the decisions are taken by my MIL
I have done panchayat things also but even they failed because they do not want to argue with my MIL as FIL always remains absent in these meetings giving stupid reasons. Therefore panchayats said we cannot force your MIL to do things our way so resolve your matter by court.
my wife is under her mothers influence, my MIL dont set her free to even speak to me to restore our marriage.
and I know my MIL very well she will file some false cases on me and my parents.
shonee sir please guide me
Dr J C Vashista
(Expert) 20 January 2014
File divorce, after withdrawal of RCR, be mentally prepared for counter cases u/s 125 Cr. PC, 406/498A IPC, 12 POWADV Act.
Rajendra K Goyal
(Expert) 20 January 2014
Try to handle the MIL diplomatically to save marriage.
If not possible proceed as advised by the expert Dr J C Vashista ji.
T. Kalaiselvan, Advocate
(Expert) 21 January 2014
I go with the advise rendered by expert Mr. Barman on this issue. If at all you want to play safe game, proceed with restitution of conjugal rights case alone, because that will prove your intentions to save the marriage and your love for her, this may help you to save yourself from all possible false criminal cases against you.
