Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Cruelty of my wife need help

I have filed a Conjual Rights petion in Kalyan Court. On September 15th 2012. But, Still the Pettion not yet gone to my wife place.

Can any one tell me why its taking this much of time.. Still i not called for hearing court. My advocate told me that it will take time to reach .... Please advice on this.
We tried so many attemts to bring back her by requesting. but she is not intrested to come... She is telling that i doubted her... Even every second you doubt me.. So i won't be coming. She told me like this...
I am not intrested in Mutual Divorce. If you want you can write a letter i will sign it and give you back like that she is telling.

and i don't want any compensation from you i have enough with me ...

But, Problem i have 1 year daughter.. She not all called me for naming cermony.. even she does not put my name in my child's DOB certificate....

she is very clever in tackling peoples... She told her family and her friends that i am tourcheing her.he is not sending money  to my child. But, sir i asked her can i send you money.. please provide your account number, but she refused to give ...

What should be the next step ....
Is there is any thing that i can win..

Please suggest me... I am suffering , i can't able to work and cannot able to  sleep  for past 2 years..




 3 Replies

Tajobsindia (Senior Partner )     29 October 2012

1. Hold on to your grounds of S. 9 RCR let her contest as and when the Notice reaches and she presents herself to the Court.

2. Notice may reach just few days before the hearing.

3. File an Misl. Application in your S. 9 RCR Case for voluntary deposit of money for child maintenance which mother of the child can withdraw from Court every month. This will show you in good picture before the Court that you actually mean harmony in marriage. Here she may object to such money payments showing her self sufficiency, insist to Hon’ble Court that if she is not ready to accept your money for your child then atleast allow me every month to deposit and such deposits can go to destitute children welfare funds of the District, but I will like to voluntarily deposit the same.  

4. File S. 26
r/w/ S. 151 CPC application for supervised child visitation at neutral place within 7 kms. Range of her ordinary residence which could be a temple / shopping mall or park for few hours every day. Since the child is very small age you will get this visitation if submitted well before the Court during the pendency of your main Petition.

However even if you win RCR decree no Court can compel her to live with you against her will. Such decrees remain paper decrees but later it can be converted into divorce and second advantage is that no alimony needs to be paid to wife but for child you will get visitation as well as need to pay maintenance. 

A.V.Pattanashetti (Advocate)     29 October 2012



thanks for your detailed answer... it will be very helpul for me.

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