Husband filed restitution of conjugal rights

Dear Sir,

I would like to clerify one thing that it is not true that he is not earning. he is earning equally but mind set it that all power lies with him only so for even my small things i should bag to him for my own money. 

That is not a problem Simaran, What is rightfully yours, should not be taken away from you./

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Simran.  File 498A and DV case against him.  That will be a different case because it is a criminal case.  RCR is a civil case.  Even a criminal court can grant compensation or maintenance under section 357 or 125 of Cr.P.C.  If you don't file the criminal case, your case will be weak in RCR case.

Shonee.  She is not bothered about divorce.  She is bothered that he may escape without being accountable to his/her child using divorce.

I would not advise filing any false cases.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

PS: Some people get all their exercise by jumping to conclusions, sadly, I am not one amongst them.

Demand for Dowry and Ill-treatment

(i) The wife petitioned for divorce on the ground of persistent demand made on her by her husband and in-laws. The High Court took the view that there was nothing wrong in these demands as money was needed by the husband for his personal use and in such a case wife should extend help. Reversing the judgment, the Supreme Court held that demand for dowry is prohibited under the law. That itself was bad enough; Shobha Rani v. Madhukar, AIR 1988 SC 121; see also Prakash Kaur v. Harijinderpal Singh, AIR 1999 Raj 46.

(ii) The husband and his parents were greedy people. Their desire for dowry was insatiable. They went on demanding dowry even after two years of marriage, and since the parents of wife could not meet these, they started ill-treating her with a view to coercing her parens to give dowry. The Delhi High Court held that this amounted to cruelty; Adarsh Parkash v. Sarita, AIR 1987 Del 203.

Dear Shonee,

If I may counter your argument that it could be a false case.....how can we say that every case filed under 498A is a false case?  It is not fair to take sides.  She is saying, she is being harrassed for money by her husband and in-laws and in that process she is losing all her salary which she wants to preserve for her child.

Chenna Keshava

Iam so saddened by some suggestions like "Go and file XYZ cases against your husband" justb to stengthen your anti RCR case? Wife want's to avoid divorce and is fighting just to get her natural rights, so filing the criminal case is only the way out? C'mon, what it will reap to her, "A NON-DIVORCE" stature with no respectable value and do we call it a "WIN". With all respect, I strongly disagree, there are other constructuve ways to sort out this otherwise delicate relationship thread. Trust me, a constructive approach with no vengeance against anybody can sort out this problem. Talk to him, involve him without a single thtought of kaun bada,kaun chhotta, kaun hara kaun jeeta ..... & sort out the problem. Good luck!

Dear Sir,

I have not taken sides at any instance. I have always given advised based on the presented facts. Not adding my own power of imagination to it.

I have seen these judgements and many more.

I also think that you need to understand the meaning of dowry as well in the context of 498-a and Dowry Prohibition Act. It is transfer of property in connection with marriage. Not every monetary transaction can be termed as dowry.

Besides even the Highest Courts of this country have cautioned against rushing to courts about fake complaints. And I think misguided advises is one of the main reason for such high no of complaints in courts.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Please help me urgently on this:-

My wife left my home behind my back and managed to settle in USA in Jan 2012, aft that she never returned. I filed RCR in Jan 2013, her lawyer appeared and filed to contest her part hence court given exparte order on 30 may 13 to resume with in 60 days, 60 days got over on 30 July 13. now what should I do ? shall I file contempt of Court in the same court or Shall file RD ? what should I do ? please advise. when i filed RD to execute the decree on her than registrar given me the observation about JURISDICTION saying that she is residing in USA so we can execute there. if I have to file contempt application than you have format of the same ? if you can email will be a grate help.

or else what is best way to get rid from her when she does not want to come back and reside. she has taken all the things given by her and my family along with lots of cash of mine. which court has agreed and accepted. she earns in dollars, 3 times more than me. still she can claim maintenance from me ?

is there any procedure to complaint to VISA authority or passport office  or Indian/USA embassy ? is that so easy for a person to run away from a relationship like this and enjoy life abroad. please help me i m just 30 year old and wasting my life for such person into this pathetic indian judicial system.

So whats the result of this case? I think it was 2 years back.!! 

Sir,

Can I get some case files of restitution by husband dissmissed by court .

I wantto   fight agaist RCR as I am a law student too and want to save some destressed women from thier criminal husbands.