Civil Procedure Code (CPC)

Rcr by wife and she not returning back

This query is : Resolved 

Online (Querist)
21 January 2021


My wife left my home in 2018 along with my son.
Inspite of many attempts by me and relatives and neighbours she refused to come back.
No issues happened and she had just went to her mother's home for few days and didn't returned for no reason.
In 2019 she filed RCR and HMA24.
I responded to her petition that I am ready to stay with her and she should come back.
Then lockdown happened and now hearings have resumed.
I applied for mediation but she is not ready to attend mediation as well. She says she just need manintainence and doesn't wants to stay with me. She also doesn't allows to talk to my son.
She used to do job before marriage but left it after marriage and she is qualified but not working.

Please advise what to do.

Guest (Expert)
21 January 2021

Your Last Sentence " She used to ......................" it self Confirms all the Facts. and Justifies your Wife's decisions

K RajasekharanOnline (Expert)
22 January 2021

The bare facts posted here show nothing but there exists a deep marital discord, which normally cannot be easily solved, between the two parties. They do not reveal any reason or any hint for the discord even. The experts in this forum may not be able to advise you anything based on these minimal facts.

If these are all the facts known to you the only course available for you, as far as I know, is just try to convince the court. It is the court to get convinced and decide the case.

The court normally may allow maintenance even if she has a job. It cannot force her to stay with you against her will.

Sachin SrivastavaOnline (Querist)
22 January 2021

No fights or quarrel ever happened and we were living very happily.
Her mother didn't liked me and so when she went there she convinced her to stay with her rather than me and take maintenance from me. I have thousands of photos of me and wife living happily. I know court cannot force her to live with me but then why maintenance. She left of her free will and she is qualified and not working. I am ready to stay with her but she only needs money

K.S.Ramaswamy Advocate (Expert)
22 January 2021

In my view Mediation is must and she has to obey court proceedings.

Guest (Expert)
22 January 2021

In many cases the Mediation would be Exempted from attending For Ex if any one the husband or wife being an Victim of Domestic Abuse and have the relevant prroof or if a Chilld is at Imminent Risk.

Guest (Expert)
22 January 2021

Exemptions to Mediation depends on the Situation.

Sachin SrivastavaOnline (Querist)
22 January 2021

No domestic violence neither any allegations in RCR.

RCR petition vaguely mentions that wife was ill treated without any specifics of any issues or date or anything

Guest (Expert)
22 January 2021

Seeking an Amicable Remedy / Compromise with the help of Elders respected by both could fetch you an Solution. Courts will not force an Unwilling Wife to live with her Husband.

Dr J C VashistaOnline (Expert)
23 January 2021

Explore possibility to reconcile and amicable settlement of issue(s) if any.

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