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SukrishRam (Manager)     26 July 2011

After RCR -- wife not turned back what to do?

I got married by Jan 2007 and we lived in my own home separately. Everything went well till she got conceived and we had a baby by Jul16th 2009. My wife went to her mother's home for delivery by May 2009 and afterwards she didnt return back. Whenver asking about her return, she was telling many reasons like her father was not feeling good, still she was not comfortable to take care of baby, her health is not good to return to normal life etc., As we had a love marriage, her father not accepted that and not allowed me inside her home, i couldnt see my kid after the delivery. She also not shown any interest to come out and show the kid to me. I was contineously asking her to come back but no luck for me. Suddenly one day during Dec2009, she came with her friend on the early morning and told me that she need her original certificate for renew her appointment order at her office as their company requested to renew all employees. I was surprised and shocked to see her without kid and i was asking about that, she was telling that kid was sleeping and it will cry when she take the kid outside and she needs to go immediately. By believing this, i gave her teh certificates but she took all her originals, bank cheque books, passports everything. I asked her to tell me the date when she will come back, but she was not telling any reply and she said that if I really want to see my kid, I have to live with her family and she told me that she prepared to live without husbund and she know how to grow a child without a dad.

After this incident, my brothers and parents went to her home and asked for reason why they are not sending her with kid back to live with me, but her father illtreated my family members with unparlimentary words and my family members could not succeed. I tried with their family relations, but they strictly restricted not to interefere on these issue to their family members. So, I decided to move a petition for RCR, thinking that her father might be blackmailing her by making some emotional torture. I applied RCR during March 2010 and she came to court for 1 or 2 times, after that she didnt come to court even. Hence, the judge has ordered favour to me by Nov 2010 when she came to court and i agreed to goto America so that she can come and join there with kid after making basic arrangement.

Once I reach america, i was trying to call her and told her that i will process her tickets and asked her comfortable date, she said that she need to renew her passport, so she needs my passport copy for renewal. I was thinking that she is planning to come over to America that is the reason, she is asking me the passport copy. I sent the passport and after that she didnt attend my call or reply to my emails. everyday, i tried to call her and send emails, but i didnt get any response. I asked one of my fried to meet her and check with her on the travel date (assuming that she is under strict blackmail of her father), but she didnt even respond to my friend and she sent a mail that she is not interested to live with me and i should not disturb her henceforth.

So, after a heavy mentel pressure and financial loss after 6 months July 2011, i returned from America to meet her and celebrate my kid's birthday. I called her (from new mobile number) and told that I returned from America to celebrate kids 2nd year birthday and we can start our life the way whatever she likes (Even I prepared to live with their family, as I thought my kid is very important to me). But on the birthday (Jul 16th 2011), my wife and her family didnt allow me inside their home and didnt allow me to see the kid even. Her brother and father started scolding me telling that i spoiled her life by cheating in the name of "love" and she would have married a better person and her life was screwed up by marrying me. Even my wife also not even showing interest to talk to me and she was also telling me that i couldnt see the kid and I should not disturb her and not to try to visit home or see kid again.

As My life is completely gone and my career and job also had a heavy loss, I want to know the following

1. As she is not interested to live with me , can I apply a divorce?, if so on what ground?
2. Do I need to wait, till one year completion of my RCR (dated: Nov 2010), as I am not living with my wife for the past 2.5 years.
3. Can I goto court for custody of child? if so on what ground?
4. Now they have shifted their home now and I am not aware where they are staying right now? Current house owner and neighbours are not telling any information.

I trust you all will understand my situation and help me out. Please respond with detail


 12 Replies

Rukma Chary (student)     26 July 2011

there are many ways legally to address this issue.

how ever the best way in my opinoin is to file a missing complaint on your wife and son. give all  of your in-laws's relatives, friends contacts as leads.. and the police will find them. if police fails to find them then approach the court to order the police to bring your wife and son dead or live......


later file cases on your father in law stating tht  he is abducted your son and your's son's life is in danger...


then see what will happen....

raghuraman (Mangager)     27 July 2011

I am bit in the similar situation but not filed anything Yet . what did you file in your RCR ?

Ajay (Officer)     27 July 2011

What a coincident..i m in the same kind of mud for lst 5 years and could not celebrate any of my daughter's bday for last 5 years..these women are so cruel..no one can believe..now i have filed a dual application of RCR cum Divorce...

SukrishRam (Manager)     27 July 2011

Hello Rukma Chary,

Thanks for your reply. I am not clear on what ways we can move forward legally. As you mentioned, if I file a case against my FIL, my wife will surely support them and she will say that the child is with her and ther is no abduction.


If you can give me more detail, it would be more helpful. Thanks in advance.

SukrishRam (Manager)     27 July 2011

Hi Ajay,

This is female's world, even in the court during the counselling they were asking me what I did so that my wife not even showing my kid and always suspecting innocent husbands. But I dont think so, you can file both RCR and Divoce simultaneously, which will backfire you. Divorce can be filed only if there is a ground to say that we or she is not willing to live with us. Pls check with your advocates.

But I am waiting for all our experts here to provide right guidence to move further.

SukrishRam (Manager)     27 July 2011

Hello All,

My family friend cum lawyer who is completely aware of my situation, who suggested me that there is an option that we can file a EP under section 32(i). Anybody have idea on this, please....

SukrishRam (Manager)     29 July 2011

Hello All,

If my wife is not willing to rejoin with me and not showing my kid even after RCR,

* Is it possible to file a executive petition under CPC section 32 (i) ?

* Anyone has filed under this section?

* If I file this, under what ground I can use this section?

Please answer me as I am very much depressed from my wife behaviour..

anonymus (Engineer)     29 July 2011

@ SukrishRam: It is time to move on.. you have already been suffered a lot due to ur wife's behaviour... I think she is not interested in coming back. No point in waiting for her. Its time to move on.  Time does not wait for any1 then why do we wait for the right time to come. It is really sad that ur wife does not allow ur kid to see you...
@ all who suffer similar situation: if you have spent all ur valuable money and time getting ur spouse back for more than 2 years then i guess its time to sit back and chillax. its time now to re-arrange your life and get the time and money back that you have lost in running around this matter...





sandy velan (social coordinator)     03 August 2011

good point anonymous. women greatest weapon is men's emotion



Rukma Chary (student)     28 October 2011

file Writ Of Habeas Corpus for your wife and kid.

Robert Johnson   04 February 2021

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