Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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After rcr petition wife return and refuse conjugal relation

After 2 months of RCR filed by me, wife return with police at my home. Police threatened me 498A  if in future they need to come 2 nd time to my home. Wife falsely  complain police for mental and physically torture. She is psychiatric patient (schizoaffective disorder) treated under psychiatric Doctor, already done "psychometric IQ test" as per doctor pescripttion and it is legally proved that she is Mental Retardation, aggression & assaultiveness person. Try suicide several times. Doctor told her need 4-5 years for treatment, though I know it is life long disease. 

Now not agree to restore conjugal rights with me (husband-wife s*xual relationship). Even not ready to divorce me. She Want separation and will take our 7 years old daughter with her.

I want Divorce and Child custody for wellness of our daughter. How to move at this situation ??



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 2 Replies

ashoksrivastava (scientist)     25 December 2013

Originally posted by : Jiban Rana


After 2 months of RCR filed by me, wife return with police at my home. Police threatened me 498A  if in future they need to come 2 nd time to my home. Wife falsely  complain police for mental and physically torture. She is psychiatric patient (schizoaffective disorder) treated under psychiatric Doctor, already done "psychometric IQ test" as per doctor pescriptttion and it is legally proved that she is Mental Retardation, aggression & assaultiveness person. Try suicide several times. Doctor told her need 4-5 years for treatment, though I know it is life long disease. 

Now not agree to restore conjugal rights with me (husband-wife s*xual relationship). Even not ready to divorce me. She Want separation and will take our 7 years old daughter with her.

I want Divorce and Child custody for wellness of our daughter. How to move at this situation ??

@querist I think you should withdraw RCR immediately and file divorce petition mentioning her response to RCR along with other issues.

After about one year of filing section13 try to convince her for MCD else you may be in for  futile protracted legal battle.

regards ASHOK

gautam (not disclosed)     25 December 2013

If she is suffering from some mental disorder, then you should have not filed for RCR, instead would have filed for divorce directly.

Now as she has not resumed conjugal duties, you can use this as a ground of mental cruelty and file divorce case against her.

If you can prove wife's mental disorder in court, then you can use the same to file for custody for your daughter.  You will have to settle for one time alimony/maintenance for spouse in case of divorce


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