False Petition for restitution of Conjugal rights by husband
Querist :
Anonymous
(Querist) 17 March 2010
This query is : Resolved
When my sister came to paternal home in Mar'2009, she explained all her agony due to continuous DV by her Husband & mother-in-law.We requested her husband to come once for discussion & to solve the matter, but he denied and instead filed a petition for RCR in a family court which is in a different state (The boy works at that town and he is a daily passenger from my sister's matrimonial home. He stated a lot of false info in the petition like they live in that town in a rented house and etc etc. Whereas in 3 yrs of their marriage my sister has never gone to that place.
But instead of taking any legal step, we decided to go to his home with my sister with some of our gurdians and to save the marriage by discussion.
He agreed to stop DV & to settle the RCR petition infront of everybody. Ever since, my sister is staying with her husband till date. But he has neither stopped DV nor settled RCR.
What should I do if
(i) I want to take extreme legal action against him?
(ii) stop him legally from doing DV & to keep peace in their married life so that my sister does not cry ever after?
A V Vishal
(Expert) 17 March 2010
File a case under D V Act.
n.k.sarin
(Expert) 17 March 2010
Mr vishal given you right suggestion.
Raj Kumar Makkad
(Expert) 17 March 2010
I disagree with the experts. I suggest you to get your sister appeared in the RCR case and force her husband to make a statement therein as per decision of Panchayat and obtain the copy of his statement. It shall be good rather to initiate litigation at the extreme because the marriage relations should not be spoiled at any cost.
Though every legal right like filing criminal case under section 498A/406 IPC, DV Act, Maintenance under section 125 Cr. PC, Divorce under section 13 (1) (1a) of HMA all are available for your sister.
Guest
(Expert) 17 March 2010
I do agree with Mr Raj.
Legal Eagle
(Expert) 17 March 2010
I agree to Mr. Raj's advice.
Legal Fighter
(Expert) 17 March 2010
Try to settle amicably and if not possible, part ways amicably. Litigations are to be initiated only when there is no other way out and these will involve much of your money and time.
Querist :
Anonymous
(Querist) 17 March 2010
Yes I do agree with experts. But my real motto is to bring peace in their family, not to break the marriage. We have tried this many time by discussions & requests. As her husband is the most stubborn person I have ever met,he does not keep promises. Now as he had filed a false RCR (althoght we did never tell him that my sister will not go, he did it in fear that we might take legal action against him after knowing all about his DV. Someone suggested him to file RCR in advance to stay safe.
My query is (i)can i do something lawfully to teach him a lesson so that he does not repeat his satanic deeds in future (as he is not a person to listen to anybody?
(ii) can that family court be informed about false informations which he mentioned in that petition (appointing a lawyer at that family court). Is the prcedure true to file a petion from a family court which is outside from my sister's matrimonial home state?
Please help, I dont want a divorce, I want my sister to be happy in her married life.
