nitin surya (CEO) 27 September 2011

Conditions for rcr

Respected sir/madam

i nitin kumar surya, successful businessman of merrut, am facing a serious problem. seek valuable guidance from you all. i am living seperately from wife since 2005jan. now she applied for section-9, RCR. i dont want to take her back at all. suggest me some way to get rid of her. she wants to come back.my 6 years son is also with her. suggest me some conditions that i can put on her, so that she deny by herself .

thanks in advance,

nitin k.surya

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4 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 27 September 2011

If there is a justifible reason to not co-habit with her, state the same.

Otherwise, she has legal right to ask for restitution of conjugal rights.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

(Guest)

Clarifying the reason of not co habiting

1. Was she cruel to you - cruelty is wide so ca not define completly - but some of acts which ae cruel are - abusing you, your parents, not giving you food, metally harassing you, inflicting pai, avoiding s*x

2. Has she deserted you - if she left you without your consent that is desrtion. You can apply for divorce on this ground.

rajiv_lodha (zz) 30 September 2011

@onlytruth

2. Has she deserted you - if she left you without your consent that is desrtion. You can apply for divorce on this ground.

See, she has applied for RCR. How come he apply for divorce on above grounds when she says in RCR that she wants to come back!

@ Author

U shud elaborate....what is seriosly wrong in ur relationship? Law will not allow u 2 GET RID OF HER, as per ur wish! She is not an object.....think at least that she is the mother of ur child!

(Guest)

Rajiv,

For your question - how Husband can ask for divorce when wife is saying that she wants to come back -

my opinion

1. As per HMA dissertion for first two years is ground for divorce. If wife disserted for two years just by mare saying that she is ready to come back in 3rd or susequent years, does not wipe out this ground.

2. When RCR is filled - it is not granted always by court - if the grounds for staying seperate is valid court does not allow RCR.

I think you are getting emotional on the line "I want to get rid of her". Probably the author is not saying the things he should. But if he is being harassed, he has every right to wish and remain seperate from a tortorous wife.