LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

chinni (SW Engineer)     18 June 2012

Advice to file rcr

Hi.. We got married in 2008 January. My wife is rude and she is a house wife. She wanted to live close to her parents. I came to London in 2011 January and it will be very difficult If I land here with family with out any arrangements for house and other basic things. So mutually discussed and she did agree that she will come and join me once I arrange all the basic facilities. But, after arranging all the facilities in couple of months, I did request my wife to come and join. Since then she is not showing any interest to come and join me. I did request her multiple times on this but no use. She wanted to keep my baby close to her parents and that is the reason she is not coming. few elder persons tried to convience her by mediation but she told them that I never informed her to come and join me. I have all emails that I sent her requesting to join me. she is threatening me that she will file a DV case if I force her to come. I filled an application and told her to apply for passport and she mentioned that she did apply for passport in 2011 June, But now she is telling that I never asked her to apply for the passport. We did exchange few emails about it but she told that she never sent any emails and she is also claiming that the email ID from which she sent emails is not her email ID. psycologically am soo disturbed with out seeing my baby. Is there any way that I can take legal action on her and will it help me in any way?


 5 Replies

MRRpersonality (Knows very little about Indian laws)     18 June 2012

File for restitution of conjugal rights on s.9 HMA.   Mediation during the process might help her to join you.  If she is still unwilling, what else can you do ?  Once RCR decree is in your favor she will have one year time to make up her mind whether she should join you or not.   If not you will have no choice but to apply for a divorce.

chinni (SW Engineer)     19 June 2012

Dear Sir: 

Thanks for the Suggestion. Now what should I do. Should I keep quiet, OK, But how long?


MRRpersonality (Knows very little about Indian laws)     19 June 2012

I understand your predicament!   You wanted to file a RCR based on what you know about your situation best and someone advised against it here.  Now it is best to involve elders and well wishes and find out what your wife's side position is.  Also, sit with a competent lawyer and seek his advise.


False cases can always be used as threats and they can also be filed.   Be civilian, respect the law and keep yourself protected with your side of evidences.

Shantanu Wavhal (Worker)     19 June 2012

RCR = futile utility.

in addition to 498a + DV, it also makes husband pay interium maintenance during the pendency of the RCR case.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads