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kanna (Private)     25 May 2014

To call back wife

My wife along with my infant son has separated from me, from my rented flat, in jan 2014. In Feb 2014, she filed a police complaint alleging harassment and dowry which the police looked into, found not authentic and closed. I returned all her belongings. 

I have vacated my flat and staying with my parents now. Attempts to talk to her and tell her to join me have been futile. She says she will join after a few months as she is building a house. I have no plan to divorce her. I don't think she plans to divorce me either as otherwise she would have done it by now.I want her to join me immediately. Should I file for RCR or just send her a registered letter telling her to join me at a separate flat away from both parents. Also in the letter I would like to insist on visitation rights as her parents sometimes telling me not to come to there house and say that they are going out.

In simple words, should I file RCR or just send a registered letter telling her to join me?



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     26 May 2014

It is better you send her a registered letter asking her to return to her matrimonial fold immediately.  Hope this will solve the issue, make sure that the said letter does not create provocations by the language or words used in it lest the entire efforts will again prove futile.

Dr J C Vashista (Advocate)     26 May 2014

Talk with her through some relatives, friends, acquintance or elderly persons of her residence, sort out dispute amicably, if any.

You can not compel her to stay with you. RCR is uselsess except to create a ground as desertion, for divorce.

K.K.Ganguly (Advocate)     26 May 2014

1. It appears that your wife is clearly showing her unwillingness to join you,

 

2. You can not force her to join you by directing her to do so through a registered letter,

 

3. Even Court can not force her to join you,

 

4. Even if you get favourable order  in your RCR case directing her to join you, she can refuse to join you,

 

5. So, try to win her personally and amicably settle the disputes if you really want to lead a peaceful family life with her.

Laxmi Kant Joshi (Advocate )     26 May 2014

Try to settle down your problem amicablly with her for that you can take help of your relatives from both sides , or from

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