Does police has right?

If she bribes police and produce false witness before PS, police can do any thing.

Police can clean her shoe also (90% of police are corrupted). So be ready with evidences and when police call you go with your friends or relatives who can talk.

Go with group, don't go alone. Police f**kers (I am talking about 90% of police) can do any thing for money. Mostly they call you to PS and sometimes can come to ur place also based on her bribe.

So any thing is possible. Best way is have evidences and be in a group when they come.

t night 1000 hrs  four of them came to enter my house but people in the society stopped them in the courtyard itself and we called the police.

Police did not allow them to enter my premises.

My son's case was similar to you. My DIL had taken most of the valuables when she deserted my son but we had hopes may be she would come back. During the four months of separation we made all efforts to resolve the issues. Finally after four month we filed case in court for Judicial separation which should have been for Divorce. They filed maintnance. Before the first hearing in court four members of  their family wanted to enter my house. During the day they threatened in case we do not allow them to enter our house they will come with police.

They came at night 2200 Hrs. We had informed our guards at gate and our advocate living in the society. They came  but were stopped by crowd in the courtyard. IN  the meantime we called police  and told them that our case is in the court  and  who is responsible if  she does any harm at my house.  We will return everything  as per the court order.  They were not allowed to enter my house.  Both the parties went to police station and recorded the statement.

@Author

 

Any legally married female has a right to "Stridhan". As in you case, she can go to court and seek it's directions to take her Stridhan back from you. In such matter, you may also appear in the court and seek you items back (however there is no procedure for a married male in Indian Legal System). It is presumed that girls cannot take care of them and boys can. So girls are given are privileges etc., but there is no leniency for a boy. You are expected to keep you things with you and if you don't it is very difficult to get them back. Also, if police comes to your home, then you should cooperate and allow them to take everything. Just remember that you should take photographs of all the items taken away by your wife and police should give you a proper paper which states that you have cooperated and handed over the Stridhan to your wife.

 

 

@Kanchan Ji

 

In your case, my advice is that in place of Divorce Petition you should have filed for "Restitution of Conjugal Rights" under S.9 of Hindu Marriage Act (1955). If the ran-away spouse does not come back, then it creates a ground for divorce. Then filing divorce on the grounds of desertion would have been very easy.

 

Also, you took very wise decision by calling police when your DIL tried to barge into your house. In such cases when court is involved, you should not allow anyone to enter your house (not even police) unless they are not accompanied by any court order.

 

All the best!

 

//peace

/Saurabh..V

@Saurav,

Kanchan jii has done a very right move filing judicial seperation and not RCR because RCR is waste of time plus money no results.The thing you are talking about that if she doesn't come then you are eligible for divorce,then you might be knowing in sec-10 HMA ,judicial separation the same ground is available.If a couple doesn't cohabbit after passing of one year he/she is eligible for divorce.Hence,she has done a very right decision.

 

@Guru,

 

As per your PM and the query you are going through right direction.Always remember one thing the police can't interefre in subjudice matter.He has to take order from the court for such things.

Asking the the paper signed by both of you is legally correct.As per dowry prohibition act 1961 there is a clause for Streedhan that an officer should sign on the paper on the list of Streedhan's which has been given and the item's which has been exchanged during the time of marriage in the presence of both parties to prohibit them from taking or giving dowry.

Hence,the thing which has not done earlier you are doing now,so it is legally correct to be dully signed of exchange of items which she has claimed for her Streedhan.

 

If she and her family members given Maa-Behen Galli to your parents and the same you have as recording then let your Mother FIL a DVA 2005 on her and barred her from entering in her Home.

Even she can go for civil suite of Injunction on them.

Forecfully entering in the House is termed as Mental cruelity on Husband you can use all such records at the evidence stage of your divorce if it goes for contested.

@Sufferer

 

I think you have misunderstood the provision of law. Let me rephrase the two sections for your better understanding:

 

 

 

 

 

Now having rephrased the relevant provisions, I would like to draw your kind attention to her statement: 

 

During the four months of separation we made all efforts to resolve the issues. Finally after four month we filed case in court for Judicial separation which should have been for Divorce.

 

Do you still think what she did is right? Section 10 is not as efficient as RCR.

 

//peace

/Saurabh..V

@Saurav,

Dear Bro...

What's new in the above paste ? it still the same since 1955.

 

Plz read the Kalpana Jii's statement as what her DIL was doing and what is the scenario of her Son's case.

Here DIL is wicked,after continuos months of calling her and trying for every bit of reconcillation she was not ready to coahbit then for what hell she will go for RCR...To only waste her son's money,her son's precious time.

No,my brother she did the right move with a guilty of not filling direct contested divorce at that time with the ground of sub sections of 13 HMA 1955.which she knows what exactly the ground prevails for her son.
Even we don't know the tenure of her son's marriage.

 

I will affirmed with my decision as "A marriage is dead when either of the couple is forced to live with him/he"

So,there is no point to waste your energy,money plus valuable time on this Fake RCR that has no use if  one spouse is not ready to live with you.

@Sufferer

 

This is where you are getting swayed between the law and emotions. While the court of law has remedy for all it cannot be molded as per your emotions.

 

While I rephrased the provision, you again missed to follow that application under S.10 of HMA1955 shall be not be maintainable if the separation has not been for more than 2yrs. If we go by your remedy i.e. S.10 r/w S.13(1)(ib), then she can only file the Divorce after 2yrs of separation. Whereas in RCR she can immediately. Read the below text which shall bring you back to reality:

 

9. Restitution of conjugal rights.-

¹[***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by 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.

²[ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]

³[***]

 

Marital Obligations

If a consent decree for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955, is passed, it will not be a nullity. If it is not challenged in appeal or by way of other remedy available under the law and becomes final, it cannot be ignored and can form the basis of divorce proceedings under section 13(1A) of the Hindu Marriage Act, 1955; Saroj Rani v. Sudarshan Kumar , AIR 1984 SC 1562.

Reasonable excuse

Where it is found that conduct of husband created reasonable apprehension in mind of wife that it would be unsafe for her not to stay with husband, the decree for restitution of conjugal rights in favour of husband cannot be granted; Kamaladevi v. Shiva Kumar Swamy, AIR 2003 Kar 36.

Restitution decree—Limitation

For obtaining a divorce on failure of getting restitution of conjugal rights even after a decree a spouse has to wait for one year. Thus the restitution decree and the second petition for divorce might be a slightly more expeditious way for getting relief; Karabi Das v. Paritosh Das , AIR 2003 Cal 61.

Restitution of conjugal rights

In a petition for restitution of Conjugal Rights, alternative relief of divorce cannot be claimed. These prayers are mutually destructive of each other and, therefore, cannot be made together; Baldev Raj v. Bimla Sharma, AIR 2006 HP 33.

Scope

Any law which would give an exclusive right to the husband to decide upon the place of the matrimonial home without considering the merits of the claim of the wife would be contrary to Article 14 and unconstitutional for that reason; Swaraj Garg v. K.M. Garg , AIR 1978 Del 296.

Withdrawal without reasonable excuse or just cause

Wife is under an obligation to live with her husband in his home and under his roof except in case of distinct and specific misconduct on the part of the husband. The marital obligation has been further buttressed by clear statutory recognition by section 9 of the Hindu Marriage Act; Kailash Wati v. Ayodhia Parkash, 1977 (79) PLR 175.

While I rephrased the provision, you again missed to follow that application under S.10 of HMA1955 shall be not be maintainable if the separation has not been for more than 2yrs.

Opinion: Which law book you are reading my brother??.....which say's that "for judicial seperation a couple must be seperated for 2 yrs".It's pety for your pasting of all of above which is differing from your thoughts.

You are misleaded by something ,I don't know what is making you not to understand.

If we go by your remedy i.e. S.10 r/w S.13(1)(ib), then she can only file the Divorce after 2yrs of separation. Whereas in RCR she can immediately. Read the below text which shall bring you back to reality:

Opinion: My Dear brother ,why are you misleading with RCR by stating that relief of divorce is immediately after filing RCR.

Again you are misleaded by something,I don't know what is that.

Anyway's it's your thinking ,I can't change your emotions which is par beyond law.

Anyway's Thank's for discussion.

regards.

@Sufferer, I feel sorry for you. You could not understand the law even after I stated all the provisions, including explanations and citations. In simple words, after filing RCR you have to wait for one year before you could file for Divorce but Judicial Separation could only be filed after two years of non-cohabitation of the couple. Additionally, Judicial separation is not a decree of divorce but of upon expiry of one year after RCT decree is passed, you get right for full & final divorce. Even I'm enjoying this discussion with you :-)

@ saurav ,

can't you read the post what I have stated earlier you are confused by yourself and misleading by your own thoughts.

Let me clear by mathematical formula as you can't undesratnd by legal citations or any Law book.

 

Divorce through Judicial seperation (JS) = 1 year for consuming JS(fixed time frame) + waiting of another 1 year for other spouse to cohabit.

Divorce through RCR = Wait for Decree of RCR to be granted in favour of petitioner(No time frame)+ waiting of another 1 year for other spouse to cohabit.

 

Thus,

 

 

RCR = Simple waste of time + waste of money + waste of strategy

there is no fixed time frame  as the petitioner is showing to cohabit with his/her partner,which can be easily grabbed by the other partner to simply harass the petitioner and to be gud in the eye of law even on the last day prior to passing of decree.

But,Judicial seperation the structure and vision is clear that petitioner has gone through turmoils in marriage and annoyed with his/her partner and seeking for 1 year of judicial seperation to think for any chance of re-built in passing of time.

Hence,for a spouse who don't want to cohabit with his/her partner where time frame of marriage is less and divorce proof is not stringent,then definately they can choose for JS by pleading the circumstances.

 

thanks & regards.

 

No discussion further...!!!!

 

@Suffere

 

May god be with you.

 

While you yourself mentioned it takes 1yr before you could file for Judicial Separation, but in @Kanchan case, only 4-5months have passed. How can they ditch this 1yr bar? Why you are not able to understand this simple thing?

 

Whereas RCR can be filed without having to wait for 1yr. And who says it would take more than 1yr? And who says that you cannot file for Judicial Separation when your RCR petition is pending?

 

//peace

/Saurabh..V

Which law book you have read that for Judicial seperation you have to live atleast one year before filing.Earlier you have told 2 years,now, in next post you will say 6 months.What's wrong with you?

Why you are making your self as iliterate ....

 

can't you read by your open eye's?

what I have mentioned as above:

Divorce through Judicial seperation (JS) = 1 year for consuming JS(fixed time frame) + waiting of another 1 year for other spouse to cohabit.

Here-- consumation of judicial seperation means passing of 1 year of sec-10/JS of HMA 1955.

Not passing 1 year of marriage.So,plz make your sense and apply with your full brain.

Which law book you have read that for Judicial seperation you have to live atleast one year before filing.

 

You are seriously in half water........

 

When Divorce is granted within a year of marriage in exceptional hardship,then why can't this sec-10 HMA.

 

Now,I strongly doubt on your credentials.

 

You are simply making fun of Law,I can't help you out anymore.

 

 as I can't change your perception against these simple Sec-10/JS and SEC-9/RCR ,You live in your own self made law's.

 

Thank you..!!!

 

Last Reply...!!!!