About restitution of conjugasl rights

Querist : Anonymous (Querist) 06 November 2011 This query is : Resolved
sir i was married last year december my wife hardly stayed with me for one month and went to her parents place without intimating me nor my parents now its hardly 10months completed she never returned to me whenever i call her she complaint me about my sister and mother though they are innocent towards her. in the period of one month she use to quarrel with me and my family on one issue or the other and also she use to take depression tablets every day which i dont know and when ever i called her to come and stay with me she make an issue of my mother and sister but as i am the only son to my parents i had lots of responsibility towards my parents abd my sisters and now i approached a lawyer and he suggest me to file restitution of conjugal rights.my doubt is that i stay in anantapur,andhra pradesh and she stays in indore,madhya pradesh is there any chances for her to transfer the case to her place where as the marriage was performed in my place only and last residing also in my place only. It clears that juridiction comes to my place only plz let me know clearly whether she can transfer the case to her place and if she transfer the case then what are the [possibilities to stop the tansfer of the case to her place plz reply.............

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ajay sethi (Expert) 06 November 2011
she can make an application for transfer of petition to supreme court on the grounds that it is inconvenien to travel such long distance , that husband is influnetial person in anantpur and that thre is threat to her life in anantpur

Rajeev Kumar (Expert) 06 November 2011
Let us prepare a draft of RCR in such a way that if the case is transferred then it will be fatal to your life, your inconvinence and it can be easily manipulated by your's in-laws. Though I agree with ajay

prabhakar singh (Expert) 06 November 2011
experts have rightly spoken about Transfer possibility but the question is that when she is living on pills and mentally ill whether RCR or DIVORCE SHOULD BE PLANNED FOR??

Shonee Kapoor (Expert) 06 November 2011
She can always get a transfer from Supreme Court, SC has been transferring such cases for the conv. of females, and more so if there is a small child.

This said, I find the RCR as a useless remedy. Please read my detailed mail w.r.t. the same.

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

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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