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indianzindian (business)     29 September 2010

suggestions welcomed

what husband needs to do if wife has left his home ...now he fears that she may file false cases since she has no intention of returning to him..shud he file rcr or judicial sep becz the marriage is 4 months old and he is also now not int to continue relations anymore becz this wife cud be dangerous to him in future..she stayed with him and now leaking all the details of the family ...like there income etc..in a way shes harassing husband..pls suggest the action husband needs to take to safe guard himself and his family... 



Learning

 16 Replies

Suchitra. S (Advocate)     29 September 2010

I can pnly say, the best option for you is to file a RCR petition immediately. And be brave to fight the false allegations of your wife in courts if she files any case against you.


(Guest)

Dear ravi,Wife can file 125 ,498 etc.But  fight for truth

you  file a case restitution of conjugal under sec9 of hindu marriage act,1955

Section 9 has sufficient safeguards to prevent the marriage from being a tyranny.

Section 9 of the Hindu Marriage Act, 1955 reads as follows:- When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by a petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly

1 Like

Jamai Of Law (propra)     29 September 2010

Hi,

 

Mr Ravi vyas ji has aleady said that ........he is also now not int to continue relations anymore...............the marriage is 4 months old

 

Would it not be a false suggetion? to ask that whoever husband to file RCR if he is not interested to cotinue relation of 4 months .....................

 

she stayed with him and now leaking all the details of the family ...like there income etc 

Is he saying that he fears about new cases of concealment of income?

 

he fears that she may file false cases since she has no intention of returning to him (within 4 months of marriage) .........................Ooops!!

 

Boss!!.............that fellow needs a very very experienced (and rightfully expensive)  lawyer.......................................because apparently that fellow may not be fighting for the truth but trying to safeguards from likely ***** ..................

 

 

1 Like

aflatoon dash (health)     29 September 2010

RCR and be kind and forgiving.Dont precipitate catastrophy from ur end.

Kirti Kar Tripathi (lawyer)     29 September 2010

file RCA and get ready to pay maintenance

Suchitra. S (Advocate)     29 September 2010

There are advantages in filing RCR as soon as the wife leaves her husband.

I can be silent by not responding to a query relating to issues where I am not sure of the procedures but I am not here to give wrong suggestions.  It is better for everyone to just give their opinion rather than pointing out at somebody's advise and say they have given a wrong suggestion. We are here to spend our time and guide people in distress even when not being paid for.  Let there be respect for each other.

2 Like

Jamai Of Law (propra)     29 September 2010

@ Suchitra. S ji,

 

I earnestly and apologetically request you not to take it as if I made comments against you but merely to one of your suggestion out of many on the LCI.

 

I have high regard to the whole legal fraternity and lawyers.

 

Please correct me if I am going wrong and your suggestions are most welcome.

 

Man, filing for  RCR, have primarily different motives................mainly to give ultimatum of 1 year if he wins RCR.................. A woman if not like  a 'gaaay-bhaais' so one can force her to cohabit....Liberty of individual has to be respected.............

 

A woman leaves her parental home to live with husband after marriage.............

 

though the responsibiity/onus is onto her to give valid reason for 'separation' in a RCR suit,  hon court generally 'has to' be lenient to her apprehensions and can not compel her to provide evidence also...........She is inherently a weaker section.....................there is never a smoke without fire...........

 

Aur lanat hai us mard par....................... jo RCR mange............. wo bhi court me jake bheek mange ki........'biwi grihasthi chhod ke gayi hai...uuuuuse koi wapas laao!!!!!'

 

At max it proves the factum of separation on paper from a certain date whether man wins RCR or looses it....that's it and nothing more!!!!....

 

fixing of blame for separation is too far in RCR, especially if a man files RCR.

 

If a woman files RCR, its a different take altogether. Hon Court does ask her if she really want to take that gutsy step to enter back into matrimonial home irrepective of apprehensions of aftermath in that home ..if any.........

 

as well as court does look at the husband with suspision and it should..........as to why she was abandoned and asked to leave the house directly or indirectly...................... 

 

there are many disadvantages/side effects of RCR by a man, and likely chances of many other suits to follow, from the woman's side..as suggested by Tripathi ji.

Suchitra. S (Advocate)     29 September 2010

First of all I would like to tell you that when lawyers other than me have also suggested the same thing, you should have understood there should be some meaning in their suggestion.

The advantages of filing a RCR:

Filing of a RCR helps husband to prove before the court that he wants his wife back who has left him on her own. By this his intentions to live with her can be made evident.

In case if wife  doesnt come back to him even after courts directions in RCR, it becomes easy for him to get a divorce later on.

If she files a case against him after he files RCR, court can consider the point that her allegations now against him may be false as he is willing to get her back to him. 

I really do not want to discuss more on this now. Hope I have made my clarifications as per your doubts. It is left to the person who posted this query to decide what he should do.

raj kumar ji (LAW STUDENT )     29 September 2010

dear ravi vyas ,

first of all yaar ur marriage life is start soon and there is some time to understand both of u ?.

u know that the girl was come from there house only for his husband ?

but in the starting time boys also be not change or he is shame with there wife with them in there family he always thought that what is the father says ,what is the mother saysevery thing .

in the other hand girls feel that my husband not love me bczz of that she could not freely for the boysfamily starting time she knowsonly the guy of her husband .so these type sof problem facing in early marriage life .

MY SUGGESTION IS THAT PLZZ DONOT INVOLVE IN COURT MATTER BCZ ONCE U GO IN COURT UR LIFE IS DISTURBED SO PLZ KNOW EACH OTHER  IU BOTH OF TAKE  MORE TIMETO UNDERSTAND EACH OTHER AND  SPEND HAPPY MARRIAGE LIFE "

Jamai Of Law (propra)     29 September 2010

I sicerely disagree with you

 

First make her leave the house.....and then play the victim as if she abandoned husband without reason..........win RCR..........never attempt to comply to RCR (behave in such a way that she doesn't attempt to come back in one year) even though husband is a winner of RCR..............after 1 year file for divorce on this ground........which even circumvents the mandatory presence of spouse in both motions as required in MCD, and walk away from marital tie.

 

This is an old trick of husbands........................which has been circumvented appropriately numorous times........

 

Granting a RCR in favour of petitioner-husband without listening to woman's apprehensions and without convincing facts of the case............ is an utter cruelty to the modesty of the womanhood..............a slightest valid apprehension by the wife suffices to reject RCR by husband........................ which the Court has already acknowleged.

 

Please look at those casees where defendent woman lost to RCR filed by husband. There wrong approach to the case, has more or less made them lose those cases.

 

A high percetage is of those casees is 'ex-parte' RCR in favour of Petiioner-Husband!!!!

 

raj kumar ji (LAW STUDENT )     29 September 2010

PLZ DONT GAVE ANY TYPE OF LEGALY ADVICE TO BREAK HIS GOLDEN LIFE .PLZZZZZZZ   BADA DARD HOTA HAI JAB KISI KI GRASTHI UJAD TI HAI .

1 Like

(Guest)

Dear  Jamai Of Law

Don’t give wrong advise to broke Indian society .This is not a labouratory in which we can experiment ,problem comes when you face it .It is ok to advise but in real sitution the thing is different .

Dear Ravi Vyas,

Suchitra. S, ,Kirti Kar Tripathi, aflatoon dash and me urge for RCR so follow our advise.

                                                                         Final Answer ;

When two people are married, they owe obligations to each other. They must give each other company. There must be cohabitation between them. When either of them fail to fulfill such obligations or refuse to cohabit, the other person has right to seek restitution of conjugal rights in a court of law.

Where to complaint :

The civil court in whose local limits,

1. The marriage was solemnized or

2. The husband and wife reside together or

3. The husband and wife last resided.

How to file the case ;

The aggrieved party may apply to the district court by way of petition for restitution of

conjugal rights.

The person seeking restitution must establish that:

a) The other spouse has withdrawn from his or her society;

b) Such withdrawal is without reasonable excuse;

c) There is no legal ground disentitling the petitioner from the relief of restitution of conjugal rights.

The court will satisfy itself about the truth of the statements made in the petition and also that there is no legal ground for not granting the decree of restitution of conjugal rights. The decree is then accordingly granted.

The decree of restitution of conjugal rights will be executed as per the Civil Procedure Code. Appeal may be made to the High Court challenging the lower court order.

Alternative Remedies:

The Legal Services Authority may be approached for legal aid.

Any voluntary organization may also be approached for support.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dear  Jamai Of Law

Don’t give wrong advise to broke Indian society .This is not a labouratory in which we can experiment ,problem comes when you face it .It is ok to advise but in real sitution the thing is different .

Dear Ravi Vyas,

Suchitra. S, ,Kirti Kar Tripathi, aflatoon dash and me urge for RCR so follow our advise.

When two people are married, they owe obligations to each other. They must give each other company. There must be cohabitation between them. When either of them fail to fulfill such obligations or refuse to cohabit, the other person has right to seek restitution of conjugal rights in a court of law.

Where to complaint :

The civil court in whose local limits,

1. The marriage was solemnized or

2. The husband and wife reside together or

3. The husband and wife last resided.

How to file the case ;

The aggrieved party may apply to the district court by way of petition for restitution of

conjugal rights.

The person seeking restitution must establish that:

a) The other spouse has withdrawn from his or her society;

b) Such withdrawal is without reasonable excuse;

c) There is no legal ground disentitling the petitioner from the relief of restitution of conjugal rights.

The court will satisfy itself about the truth of the statements made in the petition and also that there is no legal ground for not granting the decree of restitution of conjugal rights. The decree is then accordingly granted.

The decree of restitution of conjugal rights will be executed as per the Civil Procedure Code. Appeal may be made to the High Court challenging the lower court order.

Alternative Remedies:

The Legal Services Authority may be approached for legal aid.

Any voluntary organization may also be approached for support.

 

raj kumar ji (LAW STUDENT )     01 October 2010

hi ravi how are u where is ur case going on . both of u settle there life or not ?

swatirswatir (learning law)     01 October 2010

did she threaten for filing false cases?

2 Like

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