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Vaibhav001 (Consultant)     07 November 2011

Help from experts in my case

Dear All,

I am a crucial juncture, where i need a right input on the next steps to be taken.

I was married in June 2006, blessed with a girl in May 2008. My wife had walked away in Oct 2009 to her mothers place against my wishes. My in laws had brain washed her & created a wrong picture about us.Further my mother in laws motive is to get back my wife alongwith daughter so that she can have a company in her old age & also have some income through her salary & maintenance ammount if she divorces me. Else she can just keep me hanging for the entire life, as my wife wont come back nor divorce me. The real issues have started after the demise of her father in 2007 & after that my mother in laws & sister in laws interferance created the rift between us. My wife's behaviour & outlook towards us has totally changed & she had created many nuisances at regular intervals. But as there was no male in her family & her mother never accepted her daughters mistake, we were helpless.

Our several attempts to persuade her & bring her back alongwith my daughter have failed. We had also hold a meeting with all parents & relatives of both sides in July 2011, where she agreed to come back in front of everyone, but later denied. This has happened everytime whenever anyone from my end had approached her individually. After waiting for 2 months & discussing the matter with her close relatives, which didnt gave any outcome, we started the Legal procedure.

As per procedure my advocate had send her notice to come back within 30 days on reciept of notice. She too hired a advocate and send a reply to my notice with serious & false allegations on me. Further the notice says that she is ready to come back, if she gets the proper assurance from us. Hence i should go with 2 respected persons of society  & give her assurance whatever she needs & get her back.

I have put the matter in much detail in the attached file. Request you to kindly go through it & guide me on the appropriate next steps to be taken.

Thanks & Regards,

A Unfortunate Victim



Learning

 11 Replies

**Victim** (job)     07 November 2011

Vaibhav as per my personal experience you did right thing atleast u r willing to keep your wife & ur daughter that alleviates maintenance issues. Your lawyer could be very handy in this matter. These are always same old tactics played by inlaws they would encourage their daughter to get the baby and once the baby is born they will leave their matrimonial house so that they can ask for money staying at their parental house.

1 Like

Rajeev Kumar (Lawyer/Advocate)     07 November 2011

Vaibhav as per as my experience yaou have done the good thing for being ready to keep your wife which will alleviate the chances of maintenence. You have a meeting with your and her close relative with cypher outcome. As per as your notice she alleged and want full assurance. You have decided to go there with two reputed person of society.so let's do it but you should make a document of stamp paper with their signature about your wife is unwilling to join the cojugal life. My valuable suggestion is that file a RCR u/s 9 of Hindu Marriage Act levelling serious allegation against your wife such as she always quarrels with me and my family members, she always go out of home without informing any member for a week or more. On the last occasion she had gone with taking away all ornaments of my mother,sisters,whoever the persons presents in house and her own of total weight.........gm gold, .............gm silver and cash of rupees............
1 Like

Narendra (programmer)     07 November 2011

Hey Vaibhav

Can you please let me know your email id? thanks

rgds

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 November 2011

I believe you are heading towards filing of RCR, which is a useless remedy.

 

Please find enclosed my detailed article on the subject

https://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Mahendra Jadhav (Advocate)     08 November 2011

These are all age old tactics  few females(with due respect to all femals) to pressurise the husband and his family for one or the other reasons.  Mr.Vaibhav I appreciate your feelings that you still want to have Conjugal LIfe with your wife.  But since your wife is deceaved by her mother, I dont think she is in a position to understand your feelings and return back for enjoying marital life. I would like to suggest you that try to know what she wants exactly..!

1. whether she wants divorce from you?

2.  whether she wants you to live seperately with her?

3.  whether she is worried that her mother's life is in trouble henceforth she wants her mother to be with her(as you mentioned that your father in lawa died recently)

4.  whether she has any other problem?

unless you know her problem you may not do anything.  You rightly did sending her a legal notice for divorce, it would have been better if u had sent her a notice for Conjugal life and then a divorce notice, in this way you could have been in safer side for avoiding maintaince to her.  HOwever I wish everything to be alright and you live a happy life....Regards

1 Like

Vaibhav001 (Consultant)     09 November 2011

Dear Rajeev,

Thanks for your suggestion. My advocate suggests that lets 1st go and see what exacly assurance they want from us, so that we can make clear thier intentions & apparantely also get similar assurances from them as well on a stamp paper.

Basis the outcome of above step, my advocate suggest to chalk down the next steps of action. Do you suggest that i file a RCR u/s 9 of Hindu Marriage Act prior to the meeting ?? As par as RCR is concerned it has following demerits highlighted in the below link -

https://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp

Do you still suggest to go with RCR if the discussions fail or file a Divorce petition taking the refrence of the attempts made by us & outcome of the meeting ?

Currently we are only dealing with the notice from advocate & have not ventured the court.

Thanks,

Vaibhav.

Vaibhav001 (Consultant)     09 November 2011

Dear Shoneeji,

Its only the legal notice from the advocate that we are using it for now. Basis the outcome of discussion, my advocate plans to take the next steps.

What is the other best alternative to RCR available in my case ? Could you pl guide.

Thanks,

Vaibhav

Vaibhav001 (Consultant)     09 November 2011

Dear Mahendra,

My advocate is in line with your opinion & wants to know the exact intention of my wife & assurances she need. Basis the outcome my advocate plans to take next appropriate steps.

However my advocate has only send a notice mentioning her to rejoin me & its not a divorce notice. Do you term such notice as RCR notice ?

Do you suggest that i file a RCR before the meeting ??

Thanks

Vaibhav

rajiv_lodha (zz)     09 November 2011

As Shonee has told here & there that RCR is useless stuff, i too agree.

Find out her true intentions. If genuine demands are there which u can fulfil, give them comittment & do accordingly. Do ur best to save the matrimony.

Otherewise be prepared to fight a long legal battle to save ur life, ur parents & ur self esteem.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 November 2011

Sir,

 

The alternatives can be discussed based on your intent and preparedness.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Raghu (Sytems Administrator)     28 November 2011

Hi All,

 

 

 

 

 

 

 

I am supporting to the save indian family,  

I have signed the petition,

Please go throught once and study what is really going in the gender biased laws and provide your moral support for saving India from a disease 498a. If this is not controlled and fight against the gender biased laws in india, there wont be a men without  498a case or threatning of the 498a in the future  

I request you to  provide your moral support for saving the Indian families.  

I appreaciate mohammed taqqi for making all the efforts in creating the awarenessprogram by mailing to the people. 

So, please forward this link to your friends and colleages, and support the nation.  

If you want to save the Indian family and the Culture........then you will definetly do it.

Please open the below link.

https://www.change.org/petitions/save-indian-families-men-school-going-kids-toddlers-young-aged-women-aged-men-from-dangerous-criminal-draconian-law-of-india-ipc-498a

 

Thanks and Ragards,  

Raghu.A

 

---------- Forwarded message ----------
From: mohd taqi <mohdtaqi22@yahoo.co.in>
Date: Mon, Nov 28, 2011 at 2:02 AM
Subject: [ MyNation ] Sign the petition "Save Indian Families (Men, school going kids, toddlers, young & aged women, aged men ) from dangerous criminal & draconian law of India - IPC 498a ".
To: "SIF-AP@yahoogroups.com" <SIF-AP@yahoogroups.com>, "sif-delhi@yahoogroups.com" <sif-delhi@yahoogroups.com>, "MyNationFoundation@yahoogroups.com" <MyNationFoundation@yahoogroups.com>, "saveindianfamily@yahoogroups.com" <saveindianfamily@yahoogroups.com>, "syedvc@rediffmail.com" <syedvc@rediffmail.com>, "shahaliahmed@yahoo.com" <shahaliahmed@yahoo.com>
Cc: "thesipoflife@gmail.com" <thesipoflife@gmail.com>, "suhaib.ilyasi@bureaucracytoday.com" <suhaib.ilyasi@bureaucracytoday.com>

 


 

 

 


Update :
Just 8 short to reach 150 Signatures.....long long way to go to reach 5000 signatures by 20th Feb in view of movie release of 498a-wedding gift by Shoeb Ilyasi.
We SIFF thank you each and everyone of you for your support please reach out to wider audience by recruiting more and more people to sign the petition  so we reach a minimum benchmark of 5000.
Appreciate if any one come forward to be a volunteer and help us by creating a page in Facebook, twitter etc and follow up constantly.
Moderators could you provide me the list of email IDs of our member as there is an option on change.org to send the request thru email id I feel people either dont read the email they recieved through this group or they are least bothered to come forward and spare a minute to sign the petition.

Friends there is no harm in signing the online petition it only take a min and no personal details need to enter except name and email id.
Those who have not seen our petition yet please look at below link and sign it so our voice will be heard.
https://www.change.org/petitions/save-indian-families-men-school-going-kids-toddlers-young-aged-women-aged-men-from-dangerous-criminal-draconian-law-of-india-ipc-498a

For your information how this petition going to help us...Please see the success stories below.

https://www.change.org/petitions/brutality-neglect-at-the-hyderabad-dog-pounds

https://www.change.org/petitions/chief-minister-of-maharashtra-india-release-ferreira-hes-innocent

https://www.change.org/petitions/prime-minister-of-india-lets-stop-dog-racing-in-india

Most known Indian subjects raised as petition on change.org - https://www.change.org/members/tamseel

Lastly to most active and optimistic members : Please share this email with your wellwishers, friends and family members and request them to sign the petition.
Thanks,
Mohammed


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