Why not to file restitution of conjugal rights

Sharma Ji,

The grounds of divorce can be decided after knowing the complete facts of your case.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Shonee Sir,

I am much thankful to you for more than one reasons. I fail to see wh lawyers still want the client to file RCRE under Sec 9.

It can not always be grred.

@ Gopalan Ji, 

also do let us know the OTHER RESONS ... if u find any.

Respected Shonee ji

First of all thanks for your valuable insights into the issue, after reading the entire thread, I really feel awake on one hand and really depressed on the other. Does it means as husband, any hindu law abiding male, married in India, is so helpless?

Disagrements and small conflicts are a part & parcel of any relationship, be it marriage and are bound to happen, which is only natural.

Does it means it gives a right to the wife to fleece the husband at her choice? Is there nothing that a hsuband can do, proactively & lawfully, besides "tail wagging" in front of the wife & in-laws, to safeguard his position and his kid's position (all the legal battles have a huge toll on kids), from a law perspective, and financial perspective (inclusive of judicial expenses)

Respected Shonee ji

First of all thanks for your valuable insights into the issue, after reading the entire thread, I really feel awake on one hand and really depressed on the other. Does it means as husband, any hindu law abiding male, married in India, is so helpless?

Disagrements and small conflicts are a part & parcel of any relationship, be it marriage and are bound to happen, which is only natural.

Does it means it gives a right to the wife to fleece the husband at her choice? Is there nothing that a hsuband can do, proactively & lawfully, besides "tail wagging" in front of the wife & in-laws, to safeguard his position and his kid's position (all the legal battles have a huge toll on kids), from a law perspective, and financial perspective (inclusive of judicial expenses)

Shonee Sir, my wife has left after 4-5 months of marriage and is not returning after several attempts -- famly, social and her family is abusing us. I dont want to get her. so what options do I have -- should I file RCR or file divorce directly? By filing RCR, i wd get a proof thet she isnt coming and can be a ground for divorce. She will file 498a falsely and DV after that. I have the options:

1. file RCR, then withdraw it after she files 498a/DV

2. file divorce directly

what should I do. please suggest some ways...

Harassed Guy,

Don't play with the court system by filing and then withdrawing petitions.

If you don't want to live with her and you think all other options are exhausted coupled with you having valid grounds for divorce, you may file divorce.

But RCR strictly No.

Thank you Sir,

No one explained it like this to me. But my lawyer is saying that if I file RCR, my wife can not file 498a. Is it true?

@ Anurag, 

ur lawyer is 10000 ... % W R O N G.

Your lawyer is just trying to add one more case to charge you.

RCR is no defence against filing of 498a.

Sir shoonee kapoor ji

If wife is not living with husband , how you prove this legaly . Sir I am just saying that wife is not living with husband for whatever reason and one she come with trap that she is living with husban , in this situation - is rcr not the mean to prove seperation legaly .

Humbly awaiting for reply .

There can be many other ways to record the seperation, than taking the things to the court.

And what purpose would it serve to record the date of seperation.

Regards,

Shonee Kapoor

Sir 

I read many cases in wich wife left matrimonial house and after not geting demand fulfill she come back live one or two days and file dowry case without mentioning period of seperation and claimming that she never left house . If husband file rcr at right time he is legaly saying that there is a period of seperation and dowry case is reaction from wife against rcr as 

she donot want to live together 

want oblique motive fulfilled though dowry case .

One question here 

What are other ways to prove seperation .

Humble awaiting for reply .

Regard 

Aaalar