Rcr under section section 9 of hma
cakaoshlandrapandey
(Querist) 18 July 2015
This query is : Resolved
4.5 Years passed to our marriage but we stayed together just for 11 months cumulatively during aforesaid 4.5 Years.
During we stayed together :-
1.She used to fight for nonsense matters.
2.She used to says she got married under the pressure of her parents but not willfully.
3. She does not want to conceive a child at all and she got aborted once when she was pregnant and this was done without my permission and consent.
4. A week after the marriage she took away all the jewellery without my knowledge and never taken back.
5. My Mother aged 62 years is a last stage cancer patient and she needs due medical and Emotional care but my wife insists me not to help her in either way.
6. Her parental involvement is very much excessive and they used to interfere in our each and every inter personal issue whenever i opposed they used to fight with me and my parents and many times they have used abusive language for me and create mental pressure saying they will file a suit under dowry and domestic violence law and will destroy us etc.
7. She has suicidal mentality and it is a biggest tension for me.
Every endeavour have been made by us to resolve the issue and normalise our married life but they are intact on their point and they want a legal statement from me and my parents where i suppose to accept the following things viz. 1. I and my parents have mentally and physically tortured her many times and we will not do this in future. 2. She wants to stay in a separate house where my parents will not be allowed to visit. and various other bulshit conditions which is not relates to actual facts at all.
Finally I decided to take the legal step and sent a legal notice to her through my lawyer but they did not replied the same within the timeframe given in the notice so i filed case i.e. RCR Under Section Section 9 of HMA in the month of April 2015.
2 dates passed but wife did not appeared in the court.
On 3rd date wife appeared in the court and initial counselling done.
She wants to come back with certain conditions which does not relates to facts at all and i am not agree to take her back on her condition what she has asked for.
So i told the counsellor i am not going to give any written statement asked by her although i am agree to take her at my home but with NO Condition.
Councillor instructed us to come on next date (10th August 2015) with final mind make up as to what to do next.
I met her personally after the court but her attitude is same as it was before she does not have any care for our relationship.
What i should do in this situation as i have don't trust on her and have a strong belief that she will surely create issue in future also.
Please suggest me the right way.
Regards
K. Pandey
9827956789
M/s. Y-not legal services
(Expert) 18 July 2015
relationship can not be maintained on conditions sir.. but it should be maintain by mutual love and understanding. so decide your self.
so just try to be a king.. or just be a slave. its the unwritten ethic about gents's life in india..
Rajendra K Goyal
(Expert) 19 July 2015
You can attend next date, if no settlement agreed, mediation would submit to the court.
cakaoshlandrapandey
(Querist) 19 July 2015
My experience says she will not change and will remain same on her point.
During last 4.5 years I made many compromises.
Now I am not in the position to compromise again on her conditions so if she wants to come she has to come without condition.
My financial condition is very weak (although I am an CA) due to heavy medical expenses for my mothers cancer treatment and due to this this tension I am not able to do much work resulting into financial crisis.
I can't ask them for mutual divorce as their demands are very high in terms of money.
M/s. Y-not legal services
(Expert) 20 July 2015
then you have to proceed legally only.. for that you need patience..
M/s. Y-not legal services
cakaoshlandrapandey
(Querist) 20 July 2015
My experience says she will not change and will remain same on her point.
During last 4.5 years I made many compromises.
Now I am not in the position to compromise again on her conditions so if she wants to come she has to come without condition.
My financial condition is very weak (although I am an CA) due to heavy medical expenses for my mothers cancer treatment and due to this this tension I am not able to do much work resulting into financial crisis.
I can't ask them for mutual divorce as their demands are very high in terms of money.
SAINATH DEVALLA
(Expert) 21 July 2015
Be patient in UR approach because any wrong step by may lead her to filing 498A and DV,which can be filed even if she is living separately for the present.
