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Tejal (house wife)     25 February 2012

Advice needed from lawyers.

Wife is leaving separate from husband due to cruelty & daily quarrels from inlaws from 1 year..Can wife ask to live with her husband in separate residence from her inlaws to live a happy & piecefull life by avoiding daily quarrels in her RCR?husband is only son of his parents.I want to know about this in legal matter not sentimental.Does court break the marriege bound cause of cruelty of inlaws or tie a marriege bond by allowing to live the couple separete?



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 7 Replies

Sanjeev (Lawyer)     25 February 2012

see the court would not direct this way to husband to live seperately and even if directed it cannot be enforced.

Adv. Chandrasekhar (Advocate)     25 February 2012

Wife can file RCR and seek restitution in a separate house away from the in-laws.  If she succeeds to prove the cruelty against her by the in-laws in matrimonial home, the court can give such a direction.  But the problem lies is - even though the court gives such a direction, it cannot be executable.  After waiting one year period, the husband will move divorce petition on the ground of non-execution of RCR decree.  He will get the beneift of his own wrong and it is permissible in mndian matrimonial law.

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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 February 2012

Dear Tejal According to SC recent Judgement if the wife demands to live separate and live only with her husband it comes under cruelty. feel free to call

Tejal (house wife)     26 February 2012

Thanks to all.

In this matter husband also wants to live away from his parrents to avoind quarrels. but his parrents are blakmailing him by commiting sucide if he leaves them and forcing him for divorce.so husband is not living with his wife from 1 year.And he is afraiding to give voice against of his parrents.so due to this weakness of the husband , parrents inlaws not behaved well With their DIL & in future also it will not be a piecefull life for the couple if wife will be ready to live with inlaws.

@ Mr. Nadeem

is it also consider under a cruelty , if wife wants to stay away from cruealty by inlaws? so what about the laws which had been made for women to protest against the cruelty

Can wife ask to get her matrimonial rights ( not the money)  in separate home away from inlaws due to cruelty of inlaws in her RCR .?

Jamai Of Law (propra)     26 February 2012

Wife has right of separate sesidence in lieu of her grievance against the her spouse.

i.e. Wife has right to live separately from husband.

 

 

But in lieu of her grievance against the her inlaws, she can't make husband as a party and demand the separate residence from him.

 

 

For that she has 'show that she is aggrieved by conduct of husband'.

 

So in an attempt to get the separate residence she risks her marriage by dragging husband to court.

 

 

 

Tejal (house wife)     26 February 2012

the Laws are realy meaning less. If women uses the laws to protest against the cruelty it can broke her home. So she have only options either to live & tolerate with the cruealty till the stage of commiting sucide or divorce her husband even though she loves him.

She is waiting for her husband from 1 year. untill when she has to wait to get a rights of a wife from a husband?

Tejal (house wife)     26 February 2012

one more thing. just today she mailed her husband & his sister to give her a compansation & alimony of 15 lack & make her life free from the uncertainty or live piecefully  in separate house away from his parents.

Her intension is not money. she wrote this may be for the greed of money his parents allow the couple to live separate.

Can this letter harmfull to her?


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