Restitution of conjual right under muslim law

sunny (Querist) 19 September 2009 This query is : Resolved
I got marraied in nov 2007 under muslim law in india. I am working in gulf, my wife is studying in india. From he next day of marriage onwards she and her parents started making problem with me. she only wants my all money. she dont want to come with me in abroad and her father plans is to keep her wid him. Even now she dont want to meet with me.
I went Imayat sharia, they suggested me to file RCR.
I filed RCR, and first hearing is on 6 Oct, 2009.
Please suggest
1. How long RCR will finish.
2. Can she get excuse to not join me due to her study?
3. I am expecting they may file 498a to harras me.
4. Is that court can take my passport, as im working in abroad?

Please suggest.

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Raj Kumar Makkad (Expert) 19 September 2009
RCR doesn't normally take a long time. Your wife may excuse not joining you due to her study but it shall also be considered that when husband requires her abroad there is no reasonable excuse thereafter not to join him. Wife can start litigation under section 498 A and in such matters courts can also retain passports with them but in your case, you may better plead your matter qua your service abroad. You may even be provided personal exemption on some dates.riven

Binod Kumar Mishra (Expert) 19 September 2009
dear sunny,

you may also file a informatory petition before the CJM Court of your respective residence.

your wife now may file 498-A against you.

you proceed with your RCR case, this will prove a ground to show your bonafide against your wife. since you are trying to keep her, she has to show the occasion arising filing of her 498-A. the above perception is of legal point of view.

as far as indian legal system is concern, the ladies are free to lodge anything and they will get rewarded and the man will be held responsible for everything agains the ladies concern.

riven

Sarvesh Kumar Sharma Advocate (Expert) 19 September 2009
sunny,
yr questions are-
1. How long RCR will finish.
SH there is no limit in the trail,just appair before the court per date.
2. Can she get excuse to not join me due to her study?
yes it is court's view to give the permission .
3. I am expecting they may file 498a to harras me.
if offence is made out then it can happiend.

4. Is that court can take my passport, as im working in abroad?
no.
court can take undertaking from u and yr baillies.riven