priydarshani ( Executive) 20 January 2011

what should i do?

Respected Sir/Madam,

I got married in 2009. Since 6 months i m staying with my parents. This is bcaz of some quarel between me and my husband due to my liayer in-laws. Even though i talked to my husband to clear my side but still he didn't trust me. He abused me. Even thought my family members & mediators approached to him still he didn't leasen to them. Now what should i do. Should i go for divorce but on which background? I m asking this question bcaz for long we will stay like this only as we both r not in contact for last 6 months. Husband is just relax. He is not coming forward to solve the problem. Then what should i do?

Please help me.

Thank you.

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58 Replies

pooja (lawyer) 20 January 2011

hi priydarshani,

u can file divorce petition. but 1st u can file maintaince application u/s.125 of the Cr.P.C.

priydarshani ( Executive) 20 January 2011

Thanks Pooja.

But may i konw how the maintainance application will work out.

Thanks again

(Guest)

@priydarshani

You said that you stay with your parents since 6 months.

The is bcaz of some quarel between me and my husband due to my liayer in-laws.one thing you have to keep in mind that in many cases the inlaws from husband or wife side create some disturbances between husband and wife that is the real situation in india.

I am happy that your approach is try to settle the matter as you said that, “Even though i talked to my husband to clear my side but still he didn't trust me. He abused me. Your husband has to know the fact that he want to spend the life with you, not the whole time with their parents and also know the real fact about this as you are trying to conciliate the matter.

Now you asked Should i go for divorce but on which background?

My advise is first tell the whole thing and try to settle the matter and if he accept you then not go to the court.

But if he didn’t respond you then wait some time around 15 or 25 days after that file divorce petition .If he ready to give divorce then file divorce by mutial consent under section 13 B of Hindu marriage act,1955.

If he don’t agree with the divorce then try to know the real reason and give the reason through this forum or PM. And thereafter file divorce petition under section 13 of Hindu marriage act, 1955.

13. Divorce.

(ib) Has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition

So, you want to wait for 2years.

And last maintenance .At this time don’t file for maintenance. First follow the above steps i.e. clear the disputes and trying to conciliate the matter. After that if all fails then file for divorce and if your have a good job then don’t file for divorce but if you don’t have job and then you can file for maintenance but as a last option as if he didn’t live with you then better to file DV mutual consent section13B.And you get quick remedy.

1 Like

(Guest)

Correction:above your have a good job then don’t file for divorce

correct;If you have a good job then don’t file for maintenance.

Mallik Karra (Done with AIBE) 20 January 2011

Priyadarshini,

If you want your marriage to constinue, first file for Restitution of Conjugal rights...

niranjan (civil practice) 20 January 2011

In my opinion please wait and watch..

Avnish Kaur (Consultant) 20 January 2011

try reconciliation through family elders , friends and mediators. if this fails file RCR. dont break the marriage for trivial issues.

dont file fake cases.
as a under cover nuclear weapon is the best weapon in modern times , if u use it it will harm both of u .

go fast on reconciliation , if all efforts fail go for MCD as a last resort only.

N.K.Assumi (Advocate) 20 January 2011

Agreed with Avinash Kaur. be patient and try to iron out the differences first through reconcilliation and mediation first.

2 Like

Rohtash Singh (Law Student) 21 January 2011

Try to reconcile priyadarshini. Breaking marriage should me the last option. You think and decide what you want, and then proceed in that direction. If you want to save your marriage then :-

First try to solve it within family, mediators, common friends or relatives, and keep all the proofs that you didn't wanted to break this marriage.

write an application to the social justice & welfare department of your city, and go to a protection officer with application that you havebeen deserted by your inlaws etc, but you want to live with your husband and want to save your marriage. That will help you, you can ask for councelling or mediation to protection officers. Apart from this you can also file RCR, restitution on conjugal rights.

All the best

Avnish Kaur (Consultant) 21 January 2011

did u desert him or u were forced to leave?

(Guest)

@priydarshani

Earlier i said ,clear the disputes,reconciliation.If fails then file RCR

Under Special Marriage Act and Muslim Law the section for Restitution of Conjugal Rights is worded almost similar to HMA, 1955. Whereas in Indian Divorce Act and Parsi Marriage and Divorce Act, it is slightly differently worded but have the same meaning. The application is by way of suit in civil court or a petition in district court in different laws.

Under Hindu Marriage Act, 1955, it can be filed by way of a petition u/s 9 of the act

9. Restitution of conjugal rights.- (1) 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 and 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.

(2) Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which shall not be a ground for judicial separation or for nullity of marriage or for divorce.

priydarshani ( Executive) 21 January 2011

Thank You very much to all.

But i want to clear that i already did all efforts in between these 6 months through my family members, mediators. But my husband didn't respond them. He just told them that "i don't want to meet anyone thats it".

So, plz can anyone explain me that

- what is RCR? &

- How the Maintainance Application will work out?

Thanks again.

(Guest)

@priydarshani

RCR and maintenance are two different entities under Hindu Marriage Act, 1955.

RCR is Restitution of Conjugal Rights which is means by which the spouse compels the other spouse to join the company of one another.

Maintenance is means by the wife is entitled to receive maintenance/alimony from the Husband under Section 125 Cr. P.C.

Restitution of Conjugal Rights - (Right to stay together) section 9 of HMA,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.

However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.