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mahendar (assistant)     08 February 2013

My brothers wife is not coming home

Dear Sir/Madam, Good evening ...

my brother got married 5 years ago and he has a son. his wife gone home from last 2.5 years and not coming back to brother ,my mother got very tense from last 2.5 years and mother suffered to diabetic  and sugar.due to tense of my brother .many times my mother  fell ill due to hyeavy tension of my brother ,we approached my brothers wife many times to come home but she  (my brothers wife) and her motherand demanding to buy house at hyderabad in the name of my brothers wife only ...

we had approached many times in goodmanner with all my family members , relatives & village sarpanch  but not worked .so please sir /madam help my brother,my mother &  to all my family...

 

thanking you 

mahendar



Learning

 11 Replies

rahul (director)     08 February 2013

File RCR u/s 9 of HMAct 1955.

P.Bashista (Advocate)     08 February 2013

File an application under section 9 of the Hindu marriage act in the family court for restitution. The court will, in receipt of your application summon your brother's wife. Once she will come they both will be referred to the mediation cell.

Shantanu Wavhal (Worker)     08 February 2013

sec. 9 is futile utility.

no restitution decree can force the wife to rejoin her matrimonial home.

Chetan Joshi (Advisory/Advocacy)     09 February 2013

RCR generally ends up wasting time...You may file for a Divorce...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

mahendar (assistant)     12 February 2013

Dear Sir/ Madam,

I would like to thank you all for your valued replies of my query..especially ..mr amit.mr.parvez,mr.chetan joshi.& rahul...

i would thank you very much...to all of you.all..

i this regard.. let me know what is RCR.? if i file  RCR .. how much time will take..? as my will not able wait so long as he want to take marriage as soon as possible....because he is young. as we are aware what we want in our young age....

 

thanking you

MAHENDAR

 

Msk-need -nuetral- laws (self)     12 February 2013

mahendar,

You need to read lot for dealing such sad affair of your brother, however to benefit you in nutshell

RCR is a legal remedy for separated spouse to call his or her spouse to rejoin family life. However this is not legally binding and enforceable on the other spouse, generally ends in high money and time wastage.

Now seek the lawyer to file on the ground of desertion ( min 2 years of desertion required).

If she agrees mutual consent divorce, it is fast, however the contested one takes anywhere between 3 -7 years of time

Mani

Rahul Kapoor (Legal Enthusiast)     12 February 2013

hello.

you should file NCR with police to avoid future cases.

if your brother has made up his mind then he he can apply for divorce.

 

 

regards-

rahul.gogreen@gmail.com


(Guest)

Hi Rahul,

What is NCR ? and how does it help here?

Regards

498a Crusader :-)

Rahul Kapoor (Legal Enthusiast)     13 February 2013

hello,

NCR is Non cognizable report.

her wife can file false cases upon your family.

it will help in such cases.

 

 

regards-

rahul.gogreen@gmail.com


(Guest)

Hi rahul 

Pardon my ignorance.

But how it will help? She can very well file whatever she wants.

Can it save husband somehow?

Rahul Kapoor (Legal Enthusiast)     13 February 2013

ya she can file but her case will be very weak as you already told police about the same.


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