Appearance of witnesses in RCR case, Can I ask some questions from my wife on record.
Ravinder Kumar
(Querist) 01 June 2011
This query is : Resolved
Dear Ld. Experts,
My wife left me 3 years back when she was 7 month pregnant and I filled for RCR 16 months back when all efforts through family & relatives failed. I am also paying maintenance for my son as directed by the hon. Judge.
In her reply though my wife alleged my things on me and my family however said that she is willing to come back if due respect and love is given to her. However during Lokadalat when judge asked her if she wants to go back she denied stating that she fears of her life and if court take the gaurantee she will go back, thus the mediation failed. Again during our discussion in mediation center she clearally refused to come back stating that she will solve it in court only and not in mediation center.
In my next hearing Hon.Judge has asked us to bring witnesses. Now my queries from you all are,
1. wheather I can ask (and how) my wife on record that what does she actually meant by her statement on respect & Love.
2. What should I do after the RCR judgement comes. What kind of efforts should I maketo request her to come back as I believe the Hon. Judge will ask her to join my company.
3. She made many allegations like I was cruel to her, demanded dowry and family tortured her for dowry. What kind of proofs she has to submit in our next date to prove her allegations right.
4. What should I do to prove that I actually wanted her to come back and I have never ever inentended to harm her.
PALNITKAR V.V.
(Expert) 02 June 2011
you can certainly ask what your wife means by treatment with respect and love and what should you do so that she feels guaranteed that you will treat her with respect and love. Secondly, your wife is likely to examine her relatives like parents or brother or sister and/or friends to prove that you were cruel to her,demanded dowry etc. You will have to cross examine the said witnesses. Thirdly, you have to prove that it is your sincere desire to cohabit with your wife and that you would treat her with love,dignity and honour. You have to prove this with the help of your past good conduct. Lastly, even if you get judgment in your favour, what matters is desire of your wife to stay with you. If she doesnt, you cant compel her to stay with you. Even if she comes under compulsion, you wont be happy.
M/s. Y-not legal services
(Expert) 02 June 2011
Yes. Senior advised correctly.. Also you may be asked it in mediation centre itself.. Why you want to ask it before court? And for your your information, section 9 petition for restitution for conjugal rights not that much effect full section. Yes no one court can compell any wife or husband to reunion. Court may pass order. But thats her wish.
Guest
(Expert) 06 June 2011
Here you will be doing one mistake, if you ask what what does she actually meant by her statement on respect & Love, when tere is no written proof in any proceeding. That will be treated as mere presumption on your part. She can straight away say, where did she tell you that she was ready to come to you?
Better ask, what would be her condition if she can come to you? If she repeats about respect and love, only then ask for any clarification and get recorded her statement.
Ravinder Kumar
(Querist) 06 June 2011
Respected Mr. Dhingra,
She has mentioned it in her reply to my section 9 RCR petition and that too twice. I request for your response to my query No. 3 & 4 too..
