How to file rcr sec 9 hindu marriage act


Hi,

I'm an IT professional. I got married with my x-collague's sister on Dec. 6 2014. After 1.5 month of the mariage problem started. My wife was not comfortable with my wife she wanted that whatever she says my morher should follow that. Although my mother helps her in house hold jobs but that was not enough for my wife. She wanted to live her life in her own way as she used to live before mariage for example getting up late in the morning, not doing house hold jobs. All the time she encouraged me to live separately. My in-laws they also interfer alot in my family specialy his brother (my x-colleague).

This year on the ocassion of rakshabandhan she wanted to visit her elder brother's house but coz "Bhado" (a month according to hindu religion) starts on the next day of rakshabandhan and new brides are not allowed to come to their in-laws home in that month that's why my monther denied to send her. But after that my brother-in-law (my x-colleague) he started blackmailing me that he will file a case against us for asking dowrry, he sent me too many messages on whatsapp that I've saved as evidance. Too much drama was created. Any how things got setteled.

Recently one day my father scold her because she didn't offer him breakfast and was sleeping. When this incident happened I was out of city. When I came back I asked my father not to do that again but my wife she was insisting to go to her brother's house. When I was again not in town my brother-in-law took her with him in my abence. I called her twice to come back but she was not ready to come unless I start living seperately and she is asking for money too. His brother and his father they are trying to threaten us that they will file a dowry case against us.

Here I would like to mention that I have recorded all the telephonic conversation. Please guide me can I file asec 9 against her? 

 
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exec

filing sec 9 case after getting threats of dowry and fake complaints is like shooting yourself in the foot.....if you are filing it with the sole purpose of saving on maintainence....then this case will backfire on you

 
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@fighting back

Could you please elabortae...

 
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yes u can file sec 9 of hindu marriage act 1955 (restitution of conjugal rights).against her.

in india conjugal rights the right of the husband and wife to the society of other spouse is not merely creature of the statute.such a right is inherent in the very institution of marriage itself, the term conjugal rights may be viewed in its proper perspective.

it can be stated that the wife who has moved to the court questioning the constitutional validity of section 9 of hindu marriage act 1955 (restituion of conjugal rights) is vaild and does not violate article 14 and artical 21 of indian constitution.

 
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@dhivagarlaw thanks for ur reply. I have discussed with some of my friends regarding that and everyone is suggesting me not to file sec 9 against her as she can also file a fake 498 A and DV case. As the Indian laws are more favourable to women because the society has potraied them as "ABLA NARI". So if she goes for that 498 A, DV and maintainence cases how can I protect myself and the evidances like the recorded telephonic conversation is valid in court?

 
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I would like to mention one more thing that her elder sister is already living seprately from his husband at her parents house, so will it support in my case prooving my in-laws wrong?

 
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I would suggest live in relationship with some other girl.within ur wife's kniwledge...ur wife will come back to u after she finds this . Filing RCR is suicidal..If u r fed up with ur wife & do not want her back, simply wait for her to file for Divorce..
 
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My personal experience is husband should not file fOr Divorce or RCR.LET WIFE TAKE INITIATIVE..sometimes it pays to be patient ..if ur wife is educated and working, u can avoid paying maintenance also..
 
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@svparadkar I don't relate with your suggestion to be in a live-in or any other kind of relationship.

My wife is an M.A (English), she has also pursued nurssery teacher training and before mariage she used to work as a teacher in a PVT school. One more thing to be noted that after mariage she wanted to pursue a vocational course to change her career track and it is me who sponsered for that course and I have the evidance for that too.

 
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hello mr.rakesh i think u hv lot of evidence to favour of u...then y u affraid 498 a of ipc . go and consult one senior lawyer of ur area and the u get good suggestion of this matter.

 
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