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rajeesh (Engineer)     27 January 2014

Pleas help me

Dear SIr /Madam,

I have got married about 6 months back.. But initiall 2 months we didnt have any bedroom relationship.. Because she was tellig that she has got pain.. But after two months i told her that we will go for some counsling.. That time she started telling that it is not because of pain it is because of my parents who is sleaping in next room...

Actually she and her mom asked me how can u get u r parents immediatly after the marriage....

So after that we had small oral fight in the night next day her mom and relatives came to my house and they told that my wife is not feeling well so we are taking her to her house for 1 week.. But after that she stopped taking my calls ...

Then after that we requested to come for a counsling for so many times then she came for once but again she stopped picking my calls ... I thing her mom and moms sister is spoiling our relationship.. Even they asked me how can u leave along with u r parents after marriage..

And last week her mom and fatherrs brothe has called to my mom and told that they want to discountinue this marriage

But i dont want to break this relation ship ...Kindly help me what should i do



Learning

 6 Replies

sandykrish (Interested in Family LAW)     27 January 2014

Rajeesh,

 By looking at your statement I feel your marriage has been broken irretrievably, the husband-wife relationship always begins in the bedroom and stays within the 4 walls. I believe she has been married to you by force and she is not interested in keeping any physical relationship when she is emotionally tied up to someone. Think that you are lucky that she didn't instigate any legal proceedings against you. Now do one thing:

 

1. They are quite in Hurry and they will propose Mutual Consent, this will happen in the next 3-6 months.

2. Stop receiving to their call, let them propose this and you record all conversation.

3. Dont force her anything keep you statement simply ask her to return

4. If she has concerns let her tell, record those statements.

5. Your divorce is for sure but what cost is not determined? Ensure to tell everyone that you're ready to take her and she is not willing to come.

6. Dont provoke her in anyway, she will come to one proposal in the coming day.

7. Take care of your parents, start collecting evidences.

8. Mainly flush emotions from your mind. From now it is mind over matter.

9. Keep quiet for the above said period if nothing is coming from their end, involve elders and try to amicably settle the matter.

10. For me atleast the conjugal relationship between you both have been dead. 

rajeesh (Engineer)     27 January 2014

Dear sandy Krish,

 

Thanks for your valuable responce...

There was no doury system in my place and we have not taken any thing... And i would like to add few more things

1- Our marriage got fixed on last jan 27th and marriage was on Aug 25th and it was a arrange married and she is from a poor family

2- As per my knowledge she donot have any other relation ship.. Her dad expired when she was in 9th standard ...Her mom is a tailor and she is verymuch attached to her

4 - After the engagement she has changed she has changed the job near to her Aunts house with out informing to me and she forced to take house next to her aunts house But i have taken a house in a different place

5 - Marriage was happen in kerala were we both belongs and i saw her through Matrimony site and we both were working Bangalore

6 - But suddenly after the marriage her attitude was changed once they came to know that my parents are coming... I called her mom also to come and stay with us instead of staying seperately

7- After two months of marrige my dad had had an emergency heart operation and they came to know that i wont be sending my dad to native for near future

8 - My mom had some doubght and she asked her mom about us .. Then her mom told my mom that she is not getting privacy because of my parents and my wife use to go to her house most of the week ends

9 - Please tell me whether i can get her back after filing RCR because still i dont like divorce or i still like her... But she has to stay along with my family

Regards

 

Rajeesh

rajeesh (Engineer)     27 January 2014

--------------------------------- Dear sandy Krish, Thanks for your valuable responce... There was no doury system in my place and we have not taken any thing... And i would like to add few more things 1- Our marriage got fixed on last jan 27th and marriage was on Aug 25th and it was a arrange married and she is from a poor family 2- As per my knowledge she donot have any other relation ship.. Her dad expired when she was in 9th standard ...Her mom is a tailor and she is verymuch attached to her 4 - After the engagement she has changed she has changed the job near to her Aunts house with out informing to me and she forced to take house next to her aunts house But i have taken a house in a different place 5 - Marriage was happen in kerala were we both belongs and i saw her through Matrimony site and we both were working Bangalore 6 - But suddenly after the marriage her attitude was changed once they came to know that my parents are coming... I called her mom also to come and stay with us instead of staying seperately 7- After two months of marrige my dad had had an emergency heart operation and they came to know that i wont be sending my dad to native for near future 8 - My mom had some doubght and she asked her mom about us .. Then her mom told my mom that she is not getting privacy because of my parents and my wife use to go to her house most of the week ends 9 - Please tell me whether i can get her back after filing RCR because still i dont like divorce or i still like her... But she has to stay along with my family Regards Rajeesh

sandykrish (Interested in Family LAW)     27 January 2014

Hi Rajeesh,

 

If you apply for RCR it will only end you up in trouble, by filing this civil suit, she will be provoked to file PWDVA/ 498A/ CRPC 125 against you. So carefully plan it. I tell you that she has married with the only intention of grabbing the money buddy. Understand the facts flush your emotions. Please wait for some more time to take a decision, any steps that you take now may backfire against you. So carefully plan out and start firing.

 

Now coming to RCR, RCR will only make your wife come to court, even if you win the case, no court in India can force a wife to co-habit with the husband. Now lets come to practical aspect, wait for sometime and decide how things pan out.

T. Kalaiselvan, Advocate (Advocate)     27 January 2014

@Rajeesh:  If your marriage was not consummated though you both stayed together for more than two months after marriage, it is a sign of her impotency, moreover she was not agreeing for a counseling nor a check up with a doctor.  Now she has voluntarily left your company as well as she abandoned her matrimonial home and is not responding to your efforts for rejoining.  All these symptoms can be construed that she is impotent hence she is not interested in continuing the marriage any more, and since this is within one year from the date of such knowledge, you may file a petition for anullment of  your marriage by a decree of null and void. Why I am suggesting you this that if she is not interested in married life all your efforts to bring her back into the marital voyage will prove a futile exercise.  You can draw the horse up to the pond but you cannot make it to drink.  Think about all options and then give a final call but the more you delay in taking a firm decision the more you will suffer, consult your elders and well wishers before taking a decision.

isha bhardwaj (intern)     28 January 2014

Dear Rajeesh, under Indian law you cannot get divorce before 1 year. It means she will not be able to get divorce before 1 year. In the mean time you can file application of RCR i.e. restitution of conjugal rights under section 9 of Hindu Marriage Act, 1955.
(Right to stay together) under section 9 of Hindu Marriage Act, 1955.
If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree.
Then, there are chances that they may trap you under false cases so start collecting evidences from today. Start recording their calls and if they threat you make their video. These all things are considered as valid evidences under Indian Evidence Act.
If you feel that they might file a false case against you then you must visit your nearest police station and lodge a complaint that you are feared that your in-laws might lodge a false complaints against you. After giving this complaint you are secured in case your in laws file any false case.
Regards

Isha Bhardwaj

 

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