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Md Ibrahim (AM)     12 August 2011

Rcr

Dear All,

Require your precious advice for getting anticipation/relaxation from 498A,

I used to stay 500km away from my parents along with my wife. My mother used to take care of my father (old age) & college going sisters.

After my demise of father on 30.11.10, I got transferred to my home town on 18.12.10. Before completing of my father\'s funeral rituals she left our home on 08.1.11 without my concern & my mother\'s permission.

I made a lot of attempts to maintain my marital relationship with my wife orally (she did not turned up)

I also sent her a registered letter for any issues to clarify. After 1 month my wife & In-laws stated that I & my mother tortured my wife & did not offered food for 10 months.

I sent 2 persons for reconcile but THEY DEMANDED ME TO STAY SEPARATELY FROM MY WIDOW MOTHER & SISTERS, then only they will send my wife.

And also stated that I am impotent. They extorted my persons saying that they will kill them & me.

From that instance i did not approached them for reconcile & talked to them over phone.

I have come to 1 conclusion to relieve her permanently by submitting MEHER.

I am scared that they might file a case FALSE 498A against me.

I just wanted to know whether taking FATWA from my personal law will pay me any relaxation from 498A. I also have FIR copy of lodging a case for extortion calls & letter what I have sent to her.

Kindly guide me in this regards please.

CAN I FILE RCR AGAINST MY WIFE IN COURT OF LAW & RELIEVE HER. is it possible in muslim marriage act/law. is there any possibility



Learning

 1 Replies

Saurabh..V (Law Consultant)     12 August 2011

@Author

PLEASE DO NOT FLOOD THE FORUM WITH REPEATED THREADS. YOUR QUESTION HAS ALREADY BEEN ANSWERED!

 

Yet for your satisfaction I'm answering once again:

 

Restitution of Conjugal Rights (RCR) is a legal remedy to "warn" your spouse to tell him/her that if he/she does not comply, then you'll be entitled for divorce based on the grounds of seperation.

 

This law is applicable to all religions equally. Deserting a spouse and denying conjugal relations is against the institution of marriage.

 

//peace

/Saurabh..V


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