LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

WifeInDistress (Software professional)     08 March 2010

Please help me, please

Dear friends

I was married last May to the man I loved for 5 years. We married against his parent's wishes. A month ago my husband deserted me for his parents. I only have my mom and she is also old. I have no one else to help. His parents want me to divorce him, so that they can remarry him. I am not able to meet my husband. He doesnot talk to me over phone. He just cuts the call.

We loved each other very dearly. I still love him and I do not know why he left me.

I want him back. What do I do? I have waited for a month and a half for him to return on his own. But he has not. I am so worried and depressed.

Please advice me, please.  I dont even know where he is now. He keeps roaming around India so that we dont get to him. He is the only person in his office and I have no way of getting to him that way.

please advice me.



Learning

 18 Replies

Rajan Salvi (Lawyer)     08 March 2010

File application for maintainance u/s 125 CrpC against him , giving address of his parents as his address. DOnt let him take you  for a ride.  

A V Vishal (Advocate)     08 March 2010

I suggest you file a complaint under D V Act that will solve most of your problem

ad. creaminall (professional Advocate)     08 March 2010

file a complaintagainst your inlaws under domestic violence act also file a petition for restitution of conjugal rights. you will get the solution.

priyanka (abc)     08 March 2010

hi sir r u der??

priyanka (abc)     08 March 2010

i also need help, kya mujhe koi madad kar sakta hai?? please say regarding dowery matter

G. ARAVINTHAN (Legal Consultant / Solicitor)     09 March 2010

better file a maintenance application as stated by our friends. You can also file an application for restitution of conjugal righs

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     09 March 2010

mrs. wife in distress,

firstly you decide what you want - he or his money??

if you want money instead of him - file a dowrey case; 498a of ipc; dv act; either false or true. no problem.

but if you want to continue the marriage with him, then take the next step caoutiously. his parents needs help and care of him and yours. as well as your mother needs care of you  and her son in law. therefore you you have tosettle the matter intelegently, by which all these three aged person get happiness in their old age.

WifeInDistress (Software professional)     09 March 2010

Thanks everyone. I dont want his money. I have seen his parents only in photos. I have not talked properly to them by phone as they cut the call. But right after we got married, I had sent them a letter stating that I miss them and I consider them as my parents and seeked for forgiveness. But I had no reply from them. Though I insisted so many times, my husband was reluctant to take me to his parent's house.

Filing a case against him would only anger him more. I want to meet him once and talk to him. Until the day before he left he was very loving. I have been going through hell here, without him. I just want him and his love back. But I have no clue how to do it.

Thank you very much for your support.

WifeInDistress (Software professional)     09 March 2010

Also, even if he is not going to return to me, I would not file a fake case like dowry against him.  He was the perfect husband until he left. Also my love is true.

WifeInDistress (Software professional)     09 March 2010

1.  The disadvantage in RCR is that once you get a decree in your favour and if your wife has not complied with it, even then, after one year, she can file a divorce petition on the ground that the decree is not complied.  In other words, the violator of the court order can get a relief after one year for its violation.

Mr.Prabhakar, the above stated is taken from another discussion written by you. I dont understand it. Does this mean, if I file a RCR, he has a chance of filing a divorce? If so, then how can I file RCR?

After he left, he agreed for a counselling session with a mariiage counsellor. But he dint say a word to that counsellor thru out the session, even though the counselor insisted. Then my husband left.

Can my husband be forced to take a counselling session and open up and give the real reasons? Is that possible legally? Because, I dont think he will ever tell me the real reasons. He just wants me to hate him and so will give only fake reasons. I believe that he loves me still.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     09 March 2010

he loves you and you loves him - then where lies the problem?

regarding rcr it is true that, at your cost, he will get divorce.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     09 March 2010

From The Hindu Marriage Act -

9. Restitution of conjugal right.

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights land the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Explanation.-Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

13 (1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

 (ii)        That there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

Daksh (Student)     10 March 2010

Mr.Harsh Parekh,

It is wrong and unethical to Solicit.

Mr.Arup,

The initiator of this thread needs advice and counselling (we should not indulge in teaching her the pressure tactics i.e.filing of false case).

I hope I have amply made myself clear.  Kindly consider.

Best Regards

Daksh

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 March 2010

U can file a petition for restitution;

125 Cr.p.c. for claiming maintenance;

a complaint under DV Act.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register