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Sam (Consultant)     15 July 2014

Wife refuse to live with husband.

I want to know the laws by which i can bring my wife back to home. My wife works in Mumbai with Private firm and we are from Delhi and permanent residents since 26years. My job is also in delhi. It has been 1.5years since we are married and soon after marriage my wife left home to work in mumbai. I cannot take transfer to mumbai due to limitation in my Job.

We are trying since 1.5 years to convince her with her parents are also on our side and requesting her to take transfer to delhi but she refused everytime. We had good fight and now we are not in contact with her since 3months and even she does not care to talk.

There has been closeness of her with one of her collegue before our marriage which is unavoidable and we have warned several time to that guy and her. But she do not listen to anybody and lied several time to meet him and we doubt there might be more than a simple friendship. Guy is also in mumbai since she has joined the job in same private firm but different location.

Please help me with the lawas that i can use to bring justice to my family relationship and if she is doing something wrong then to file a case against her and her friend too. We have caught many proofs like messages in her cell which was not decent. Though evidences have been removed but we have noted date and time.

Please suggest.



Learning

 11 Replies

Chetan Joshi (Advisory/Advocacy)     16 July 2014

Hi Sam

 

Quite Candidly, there is no law which can COMPEL against the wish of your wife to seek her to live with you.

 

Please explore other options. The last resort would be to break the bond of marriage legally.

 

 

Regards

Chetan Joshi

Sam (Consultant)     16 July 2014

I heard about Right of Conjugal rights where husband can file the case against his wife and legally ask her to live with him as per the Law. I do not have much information about this right.

Any suggestions will be appreciable.

 

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     16 July 2014

Dear,

Sure there is section 9 of Hindu Marriage Act,1955 which provides that either of the spouse can file the petition for the Restitution of conjugal rights, if the defaulting spouse has left the petitioning spouse without any sufficient cause. If the defaulting spouse despite the order does not reconcile after the order has been passed, it would culminate into a ground of divorce if for 1 year after the order of restitution she does not come back.

It is further advisable to file it as soon, because that would further justify your bonafide and willingness to stay to gather.

Regards

Advocate Kapil Chandna

9899011450 

SATENDRA KUMAR MISHRA (Advocate)     16 July 2014

Dear Sam, After going through your story I have to a conclusion that nothing remains between you and there is no room for you in your wife's heart. its better that you sit together to sort out the things for divorce by mutual consent. However, you can also file a petition before Family courts in Delhi for restitution of conjugal rights to harass your wife and make solid grounds of divorce if she is not ready for divorce by mutual consent.

 

ASHOK KUMAR SHARMA (Advocate)     16 July 2014

Mr, Sam 

kindly contact to your counsel to suggest some legal advice to solve your problem. As per hindu marriage act of 1955, you filed a case u/s 9 of conjugal right to bring back to your wife and collect important evidence as your wife is in attached with other person in same firm in different location to proof before the  comptent court against your wife and  her bad character and save her life and yourself. In my opinion you contact immediately to your counsel to guide your problem or contact to me to resolve ur problem. 

Thanks,

Ashok Kumar Sharma 

                       Advocate

ch--835, Dwarka courts complex

sector-10 New Delhi 110075.

tired and exhausted (Production Manager)     16 July 2014

Hi Sam, sorry for writing in to your message box.. but wanted to share my story with you and understand from the legal experts what's the best remedy for it... 

I'm going through more or less the same issue.. My wife left my house little over a year now and started working in Blore.. i have been there 3 times to get her back she has always kept saying give me some time give me some time... We were not able to understand what did she mean by that but we wanted to be fair so we gave her time.. last year Sept i found some mails that she had written to her ex boy friend which are really embarrassing for a husband to read... even the person has only and only mailed her back obscene mails... when i confronted her she first tried refusing she did anything.. when i told her i have all the mails you have exchanged with him and his mails... then she said sorry i got carried away etc.. even after that i tried her giving chance to come back and we can carry on with life but she refused to come and started saying becoz of you i had to get in to extra marital relation.. i did mistake but i didnt do anything wrong that's what she says... now she has refused to come back and her family is supporting her decision instead of making her understand that she should go and stay with your husband... also she now says that i wont come and wont divorce you also.. We as a family have also decided that its better she doesnt come as she has bad tendency of intimidating and fighting with me and my parents.. And with her behavior we also now are assured there is something more to it like she is buying time or she is carrying on with her relation with other person... There is not point of reconciliation now... 

Legal experts i want to get divorce but my family are scared that if we file a case in court she and her family may file in wrong cases against us like dowry or domestic violence. please suggest a solution.. how can i use this evidences to safe guard myself and my family.. 

Biswanath Roy (Advocate)     17 July 2014

File a petition for restitution of conjjugal right.

Chetan Joshi (Advisory/Advocacy)     17 July 2014

Please do not file RCR. You would end delaying the process your self. If your wife is not willing to stay with you then it is her personal right to do it and she cannot be in any given circumstance be compelled to live with you.

 

You may read this: WHY RCR IS NOT SUGGESTED.

Argument 1 in Favor of filing RCR has been, it would reduce maintenance or end maintenance. 

Look at it like this, what the statute says in CrPC 125 (4) if the wife, without any sufficient reason, she refuses to live with her husband. One has two ways of proving the same. Either get a decree of RCR in his favour or defeat her claims in CrPC 125 petition. No prizes for guessing, which one is going to be easier. The onus of proving that she has no rhyme and reason is going to be far difficult than proving that her allegations are not sufficient. Also, you are trying to cut one maintenance, whereas you would be paying maintenance under Sec 24 of HMA, 1955 till RCR would remain pending in the court. NO ACTUAL BENEFIT RATHER IT MAY TURN OUT TO BE LOSS MAKING PROPOSITION. 

Argument 2 is that she would have to run to your city to defend this. 

Wrong again, she would put a transfer petition in Supreme Court/ High Court and get the case transferred, the SC/ HC is always too lax in such matters, more so, if some other litigation is pending in her area. 

Argument 3 is she would be spending money on defending it. 

More often than not, the money would come from your pocket only, as she would claim litigation expenses from you u/s 24 HMA. Even if your wife is earning and she may not get maintenance, but litigation expenses is denied very rarely by courts. 

Argument 4 is that it would stop her divorce Petition. 

Sorry, both cases run on their respective merits. 

Argument 5 is that it would be easier to get AB. 

I have yet to listen to more absurd reason. Do we think that Judges are fools? Can’t they see through us? They face the same situation day in and day out. On one hand you are saying, listen My Lord, she is laying baseless and concocted allegations of worst nature, on the other hand you are saying, I am willing to stay with her. Also, please note that RCR can never be conditional. 

Argument 6 is that it would be easier to get divorce if she does not comply with the decree. 

Yes, on the face of it. There is a ground available for divorce, if there is a decree of RCR in your favour, which has not been complied with for more than one year, you have right to seek divorce on the same ground. But, BUt, BUT… and its not a small but, it’s the decree which has been enforced and executed under Order 21 Rule 32 of Civil Procedure Code, 1908. Hence, count the number of cases you would be fighting to meet your end. 1. RCR, 2. Enforcement of Decree, 3. Divorce and 4,5,6… n all revisions and appeals she would file. 

Pitfalls, filing of RCR has its own pitfalls.

  •  She might agree to come back, with 498-A pending on you. You can not refuse because the RCR is pending despite 498-A on you.
  •  You have condoned all the offences till the date the RCR is pending in court. That means that if you are acquitted on a false 498-A on xx date, and you withdraw RCR on xx+1 date, you have legally condoned the false 498-A. Sorry pal, no divorce for you on this ground. Remember Criminal Cases generally run faster than civil cases.
  •  You would be unnecessarily increasing the litigation and strain on your own self, when you are in court stating something, contradictory statements of yours can be used against you.
  •  God Forbid, if you loose the RCR case. You are doomed. The court won’t entertain your divorce petition. You are at the mercy of your lovely 498-A wife to get divorce thereafter.
  •  Even if you succeed, wife can file permanent alimony under S. 25 of HMA.

Adv k . mahesh (advocate)     17 July 2014

as explained above it is a very good option but in my view you or any court can force a person to cohabit because is she is not interested to stay with you then no one will make her wish to stay with you 

best bet is to discuss with her and take mutual consent divorce if both agree 

T. Kalaiselvan, Advocate (Advocate)     17 July 2014

There is no law in the land to force her to resume cohabitation with you even if you win case against her namely 'Restitution of conjugal rights'. If she chooses to abstain and remain discarded with you, at the maximum, you can wait for one more year after the decree and go for divorce against her on the same grounds. Once you came to know that she is embedded into an extra marital relationship with some other person, it will be difficult to convince her to to disconnect all her relationship with the other guy and resume the discontinued marital voyage with you.  think wisely about the next curs of action instead brooding over the past.

T. Kalaiselvan, Advocate (Advocate)     17 July 2014

@tired and exhausted:  "Legal experts i want to get divorce but my family are scared that if we file a case in court she and her family may file in wrong cases against us like dowry or domestic violence. please suggest a solution.. how can i use this evidences to safe guard myself and my family."

 

If you have decided to go for a divorce against her, better initiate the proceedings at the earliest instead of getting delayed further and losing your vital youth due to adamant and arrogant attitude.  If you anticipate the repercussions, better plan strategies to protect yourselves accordingly. Consult a local lawyer and take his further advise on the issue. 

Please use a different thread to post your query in future.


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