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Summersail (Service)     25 December 2012

Filed a suit under section 9

Hi,

I have filed a petition under section 9 (Restitution of conjugal rights) against my wife as she is not staying with me. My wife has left me after 4 weeks of our marraige due to egoistic conflict. It seems that her family members are supporting her in her deeds to bring us down to our knees. These things have went so far that they are going to my relatives and spreading bad words about my family. Although I have filed the petition, I wish to know what kind of cosequences (Good or Bad) I may face under this petition.

I also wish to know what will be the scenario after 1 or 2 years after filing this petition?

What if my wife keeps on putting pity excuses for not joining me and my family?

Please help me with your experienced guidance... Thanks.



Learning

 21 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 December 2012

Dear Querist

RCR is always benificial for petitioner to show his/her intention against the opposite party and if it's proved before the court that she left your compnay without sufficient reason she can not claim maintenance and alimony from you and if the court passed an order or decree of RCR and she is not willing to joing your company, you have right to file a divorce petition with this ground.

 

Feel Free to Call

1 Like

rahul (director)     25 December 2012

She can file n number of case in angry, like maintenece u/s 24 HMA, DV and 498a.

 lets see, whats happen.

1 Like

rajiv_lodha (zz)     25 December 2012

RCR is really a useless thing to put. Rather it may invite troubles.

Its very very lenghthy case if wife prefers 2 contest. Even if u get decree in ur favor, u cant force her leagally 2 cohabit wid u

1 Like

(Guest)
Just wait there will be a councling session in the judge chamber. Where in u can put u r views. Appart from this it is an use less petition u will be running around court. Waisting u r time and money
1 Like

fighting back (exec)     26 December 2012

@satish yearva............"Just wait there will be a councling session in the judge chamber. 

hi satish, as you said abovem u will be called to councling in the judge chamber. ?? is the counselling held with the judge too? and that too in the chamber of the judge? or are you referring to the counselling session? that is held before the actual case begins...please elaborate

1 Like

Summersail (Service)     26 December 2012

Hi All,

Thaks a lot for putting your interest in my query. I spoke with my in laws and the way communication went, I doubt that they will try to strech the matter as far as they can. i.e. they are not showing any itention of filing any case agianst me instead they are trying to strech it so that i will surrender to their demands. They are plotting things in such a way that I should separete from my family.  

In this situation the things may get time consuming. What should  do to finish matter as quickly as possible?

Apart from that I dont find myself safe with my wife if I get separated as she always shows tendancy of revenge by putting false allegations. It may happen that after separation they will try to mentally harras me.

Please suggest how to divert things in my favour?

Ranee....... (NA)     26 December 2012

you should have wait for some time before taking legal steps. if you win the case she doesn't join you then you get a ground to file divorce. you two will be sent for counselling ,there you can try to set aside differences.if counselling is nt successful then case will be sent court again will proceed..
1 Like

Ranee....... (NA)     26 December 2012

you should have wait for some time before taking legal steps. if you win the case she doesn't join you then you get a ground to file divorce. you two will be sent for counselling ,there you can try to set aside differences.if counselling is nt successful then case will be sent court again will proceed..

Summersail (Service)     26 December 2012

Hi Ranee,

I do understand that this is time consuming process. I was planing for the settlement but things are getting in wrong direction and my in laws are trying to increase my burden by streching the issue. So I need a suggestion that how to speed up these things. I have my councelor hearing in few days. That time she may offer to stay with me but she want to stay separated from my family which is not possible for me. If she remains stern on her decision then what will be the scenario?

Summersail (Service)     26 December 2012

Hi Qureshi sir,

Thanks a lot for picking up my call early morning.:) As you suggested I will be discussing Section21B with my lawyer to speed up the matter. I will put forth same after checking their plan of action for 2 to 3 months as you suggested.

I just wanted to know what will be their steps if I try to speed up the matter with section 21B?

I wish to get rid of this matter sooner as me and my family is totally depressed with this matter since last few months.

I just want to know how exactly they will defend my this step, So that I should reamin preapred.

rahul (director)     26 December 2012

they have nothing to do with 21B,

court will say that there is too many cases in court and early disposal is not possible, court will try to give shorter dates.

that it,

and court will ask , whats the reason, for early speedly disposal?

 

you have to give a strong reason to judge.

1 Like

Summersail (Service)     06 January 2013

Hi All,

Another trouble came to my life. There are chances that I may leave the country for 3/6/12 months if required by my company. There are chances that I will be leaving after 3-4 months. Please suggest if my RCR complaint will be an obstacle in this situation. If yes, what should I do to get this buffer time?

Msk-need -nuetral- laws (self)     07 January 2013

 cancel your RCR and take steps to invite your wife to onsite by booking ticket in her name ( if she refuses you cnacel the ticket later and keep the original ticket safe, and transactions), write to court saying for employment purpose you are leaving and willing to take your wife through yoru lawyer. You can go man, not problem at all. Consult your lawyer, he should be able to help

1 Like

Summersail (Service)     08 January 2013

Hi All,

My wife left my house 4 months ago. I filed RCR 3 months ago.

Please tell me if she still have chances to file FIRs against me in police?

What is the way out to prevent it?

Thaks a lot for all the guidance provided till now... :)


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