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(Guest)

Reinstution of conjugal right

Hello, My wife doesn't want to return to my house..its more than three months and all attempts to convince her and her family was a waste of time..finally I have decided to send her reinstution of conjugal rights notice...the reason she doesn't want to come is bcoz she wants to stay seperately with me..she doesn't want my old parents to be staying with us...when I declined her stupid offer she told me that she will file false cases against me...does sending reinstution of conjugal rights notice is a correct move?..also if she does return after reading this notice... we don't know what her real intention would be...bcoz her mother and her family have been extremely ill-mannered while speaking to us...we got married in Feb 2012 but in our 26months of marriage she has stayed with me and my family for hardly less then 5mths..I thought that with the passage of time she will improve but she and her family have become monsters and are complely foul mouthed. and insult us regularly.. can u pls guide what kind of precautions we need to take if she comes after recieving my current notice also at the same I don't want her in my life..I am more eager for divorce..unfortunately we also have a 13mth old child which is with her and she doesn't even allow me to talk to him...I don;t trust her anymore now and want the custody of my 13month old son as well..pls note we have not taken a single rupee from her either in cash of in kind during marriage...can u pls advise what next I need to do after sending the notice...though I don't want that lady in my life but will this notice for renistution of conjugal right give me protection against her false charges and at the same time after few days can I file for divorce..request ur advice..one last thing since her mother had given a dhami to my mother on phone we have filed a NC against her mother in local police station...pls help and advise thanks ritesh



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 9 Replies

T. Kalaiselvan, Advocate (Advocate)     30 March 2014

If she makes her intention clear that she does not want to live with you anymore and there are no possibilities for  a reunion, you may ask her to sign the papers for mutual consent divorce, if she is reluctant even to that, you may go ahead with a petition for divorce in the grounds of cruelty and also file a separate petition for custody of your child.


(Guest)

Thanks selvan sir..just wanted to understand after she recieves the notice on reinstitution of conjugal right..there are two possiblities either she and her family can come and ask for a mutual settlement that there daughter will not committ such kind of nuisance and idiotic stuff again or she will reply to my notice by levelling all false allegations against me and my mom and dad such as ...that me and my family are troubling her  for dowry and might even make other false allegations against us such as domestic violence... though there is no proof with her  or her family against a single allegation against me and my parents...I still remember in our marriage ceremony her uncle and family were trying to give me 25000 INR in cash and they tried capture that stuff in our marriage video..I refused there 25 thousand outrightly bcoz I knewed very well that taking dowry or any cash from the brides family is illegal and one day if such a situation arises which I am currently in right now her family would have got chance to make all false allegations against me....sir coming back to my first query if she is willing to stay with me which I don't want at all but just for the sake of my child if I agree what precautions I need to take...bcoz I am sure that if she comes to my house again there will be a very big motive.behind it.sir she and her family are not good people and can go to any heights to take revenge..I need your advise how can I assure my and parents safety if she starts staying with me again..bcoz my wifes mother had given dhamki to my mother and told her that she will take revenge with me and my parents and we will have to pay a very heavy price if I don't settle with her family and leave my current  job....on this basis a NC is also registered at local police station against her mother. Request you to please guide and let me know further course of action bcoz at this moment my son is also with her...thanks ritesh

Gautam Kapoor (IT professional Studying Law)     30 March 2014

Good Step Ritesh..  RCR is a genuine step. Never file any thing beforehand RCR. 


(Guest)

thanks gautam sir but can u also pls guide what next needs to be done as per my above query..bcoz fat this moment for me safety and well being of my aged parents and my infant son is extremely important..gautam my son is still with her and I fear for his safety...pls advise..thanks

Gautam Kapoor (IT professional Studying Law)     30 March 2014

FYI - KALISELVAN  Sir , has already put this -If she makes her intention clear that she does not want to live with you anymore and there are no possibilities for  a reunion, you may ask her to sign the papers for mutual consent divorce, if she is reluctant even to that, you may go ahead with a petition for divorce in the grounds of cruelty and also file a separate petition for custody of your child... IM NOt COPYING HIS WORDS.. BUT DUE CREDIT TO HIM...  NEED MORE INFO SEND ME A PM



(Guest)

Thanks gautam but my only question here is what after recieving the notice if she wants to come back and stay with me..in that case how should I trust her...she has done this multiple times before..as said earlier.. if she comes this time and stays with me she will have a very big motive..she may not even hestiate to harm us in any form..in that case how shld I ensure that I protect my infant son, my parents and my self from her and her family...Pls help bcoz if am the one who is sending her RCR and asking her to stay with me..One more thing gutam that women will not divorce me that easily..its going to be a very tough and long battle  for me..request ur advice..thanks

Gautam Kapoor (IT professional Studying Law)     30 March 2014

send me a PM

fighting back (exec)     30 March 2014

@Ritesh laxman....you seem to be a confused soul here. on one hand you want to file RCR, you also say she told me that she will file false cases against me...does sending reinstution of conjugal rights notice is a correct move?.

then you also say how should I trust her...she has done this multiple times before..as said earlier.. if she comes this time and stays with me she will have a very big motive..she may not even hestiate to harm us in any form..

why are you contradicting your ownself? if you are so fearful, why are you sending an invitation card for trouble? if the RCR is decided in your favour, you will get a big gift of DV 498 stridhan, 125 etc. so the judge will say, now my freind, please take your lovely wife home and live happily, so at that point, even if you cry yourself hoarse, that " your honor" she is threatening me, she is going to file cases against me, will not work, so

in all probability, you are filing case of RCR to avoid maintainence, is that right? your lawyer might have advised you to do so. please remember, there are other ways of asking for maintainence too. so if you try to hide behind a thin veil of RCR, then please be ready to face big guns like 498 and DV

all the best for your RCR,,,,,,,,,,,,,,,,,,,

ANEESH TRIVEDI (ADVOCATE) (Advocate)     31 March 2014

You are battle field when you know your weapon is weak the use harder than that ,

If your wife already told she will file false cases then why dont you go to different police officer , and complaint of her, instead of bringing her back, if she comes to you and file the cases then what you will do?

so better try to make better defence, and concentrate on attacking her.

consult your lawyer.... if you are safe and she is wise then try for reunion otherwise be prepate to make round of court and police station...and lawyers and read post on this forum..


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