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prasadh (abc)     14 October 2014

Can i file restitution of conjugal rights

hi my name is prasad. I got marriage in 2012. My wife has somuch of ego and she won't listen anything, always I have to follow her instructions. She went her parental home nearly 1 year 8 months back but she didn't come to our home till date. She was pregnant at the time of leaving my home. My father-in-law took my wife from my home with the disputes. We have baby girl now, she was born one year back. Now my wife is not ready to come if I am staying with my parents. She is asking me to leave my parents then she is ready to join with me but I am not ready to leave my parents. My father was suffering with park-in-sun & his age is 62. I have one brother but he didn’t marry till date. My brother is not getting good salary to take care about my parents. I am only the person to take care about my parents. If I am not divide from my parents, my wife has given the warning to me she will file a case against to me and she will send all of my family members to the jail and she trying to capture money from me if I am not listening her worlds. I met advocate now he is saying that send a notice as per restitution of conjugal rights my wife has to come back to my home. Can you please clarify the following things. we have tried to put our disputes in front off elders but my wife & her parents are not coming to discuss with elder persons. Recently my brother-in-law got married without inviting for his marriage. They didn't call our family members and they are blamed on my mother they have already called but my mother has rejected the call. Really my mother-in-law and father-in-law and brother-in-law very cruel people. My wife attempt suicide in my home 2 times later i have informed this to my brother-in-law and after they trying to blame me and my parents about this and they trying to say that my mother will kill if my wife & my baby girl come to my home. They are not sending my wife now if i am not going divide from my parents.

1.       Can I file restitution of conjugal rights

2.      If, I can file restitution of conjugal rights after that she files 498a & dowry harassment what will happened.

3.      I am getting Rs.52000/- salary by hand and I have one flat on my name. I have taken loan from my relatives. My relatives come to know that our disputes. They are going to pressurize me to clear their loan. Hence I have taken the personal loan and I have clear their outstanding. Now presently my mothly EMI which I have to pay to the bank is Rs.17500/- p.m and I am spending medical expenses for my father nearly Rs.6000/- p.m. Kindly clarify me that I have to pay the maintenance to my wife if I file file restitution of conjugal rights or event I file also how much amount nearly I have to pay as a maintenance to my wife & baby girl.

 

4.     Can she claim anything on my property. If I sold my property after I file the restitution of conjugal  rights, she has any rights for that. Please clarify ?

 



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 5 Replies


(Guest)
Originally posted by : prasadh


hi my name is prasad. I got marriage in 2012. My wife has somuch of ego and she won't listen anything, always I have to follow her instructions. She went her parental home nearly 1 year 8 months back but she didn't come to our home till date. She was pregnant at the time of leaving my home. My father-in-law took my wife from my home with the disputes. We have baby girl now, she was born one year back. Now my wife is not ready to come if I am staying with my parents. She is asking me to leave my parents then she is ready to join with me but I am not ready to leave my parents. My father was suffering with park-in-sun & his age is 62. I have one brother but he didn’t marry till date. My brother is not getting good salary to take care about my parents. I am only the person to take care about my parents.

 

Decide fast, your wife is not the adjusting type, but the one who is of non-cooperating type.  She has left a choice before you, choose parents or choose her.  I understand your plight, but this is a tough decision to make.  You have another option, of convincing your wife to come back to you and stay along with your parents while you are residing with them, 99% depends on how you can convince her, if you are not able to convince her, its best to let go off old age parents and make separate accomodation for yourself and wife and baby and lead happy marital life.  [its advisable for any husband/wife to move on in life, irrespective of problems faced by immediate family which consist of parents, brothers, sisters.  If not basic purpose of getting married is defeated in the first place, if it were like that one should not get married at all].  


 If I am not divide from my parents, my wife has given the warning to me she will file a case against to me and she will send all of my family members to the jail and she trying to capture money from me if I am not listening her worlds.

Record such conversation where she is threatening you of sending you all to jail, such recording will be helpful just in case you file for divorce.  Dont worry, its not that easy now to get you and your parents behind bars, laws have changed now, immediate arrest under Dowry Prohibition Act is not possible now.

I met advocate now he is saying that send a notice as per restitution of conjugal rights my wife has to come back to my home.

Yes, send a legal notice asking wife to return back in a month's time stating all the facts which have occured in the past, to your new house/rented accomodation [enclose a copy of rent agreement of the new place] At no place ask her to return back to your parents house, where you are currently staying, do that and it will surely backfire in some or the other way and land you in soup.  So go for separate accomodation.

 

Can you please clarify the following things. we have tried to put our disputes in front off elders but my wife & her parents are not coming to discuss with elder persons. Recently my brother-in-law got married without inviting for his marriage. They didn't call our family members and they are blamed on my mother they have already called but my mother has rejected the call. Really my mother-in-law and father-in-law and brother-in-law very cruel people. My wife attempt suicide in my home 2 times later i have informed this to my brother-in-law and after they trying to blame me and my parents about this and they trying to say that my mother will kill if my wife & my baby girl come to my home. They are not sending my wife now if i am not going divide from my parents.
They wont invite you to family functions, your wife will not make the baby learn the words saying Papa, your wife and in-laws will not invite you to celebrate birthday of the baby are the standard acts of wife and company, nothing new about it.


1.       Can I file restitution of conjugal rights
Yes.


2.      If, I can file restitution of conjugal rights after that she files 498a & dowry harassment what will happened.
You will have to face case based on merits, merely filing 498a does not prove you to be guilty, case will go for trial and your lovely wife has to prove her allegations, if she fails to prove allegations, the case will be dismissed and you can file perjury case against wife and company as they lied under oath in court, and she will be sent to jail for 7 good years.

 

3.      I am getting Rs.52000/- salary by hand and I have one flat on my name. I have taken loan from my relatives. My relatives come to know that our disputes. They are going to pressurize me to clear their loan. Hence I have taken the personal loan and I have clear their outstanding. Now presently my mothly EMI which I have to pay to the bank is Rs.17500/- p.m and I am spending medical expenses for my father nearly Rs.6000/- p.m. Kindly clarify me that I have to pay the maintenance to my wife if I file file restitution of conjugal rights or event I file also how much amount nearly I have to pay as a maintenance to my wife & baby girl.

Maintenance is 1/3rd of take home income.  Here as she only deserted you and is not willing to come back to you, tell to court that you wont pay a single penny to her as she has refused to come back, if she is ready to come back, and accepts all your conditions mentioned in RCR, then no need of paying maintenance.  However, both you and wife have to contribute towards alimony for baby equally.  Show all expenditure done by you with bills, insurance, bank loans, medicine bills, electricity bill, internet bills, telephone bills, etc.

 

4.     Can she claim anything on my property. If I sold my property after I file the restitution of conjugal  rights, she has any rights for that. Please clarify ?

 

She cannot claim anything from your property [your property may be attached for claiming alimony, in case you fail to pay alimony for years together].  You can sell/purchase any property it wont have any effect on you.

 

 

prasadh (abc)     15 October 2014

 

Thanks a lot sir provide the information. 

Kindly can you clarify the below which was highlighted in red colored. 

Decide fast, your wife is not the adjusting type, but the one who is of non-cooperating type.  She has left a choice before you, choose parents or choose her.  I understand your plight, but this is a tough decision to make.  You have another option, of convincing your wife to come back to you and stay along with your parents while you are residing with them, 99% depends on how you can convince her, if you are not able to convince her, its best to let go off old age parents and make separate accomodation for yourself and wife and baby and lead happy marital life.  [its advisable for any husband/wife to move on in life, irrespective of problems faced by immediate family which consist of parents, brothers, sisters.  If not basic purpose of getting married is defeated in the first place, if it were like that one should not get married at all].  

 

Before we got married they asked to divide from parents through marriage broker, we have denied their proposal and we have shown not interested to marry her. After that my brother-in-law called me and they have changed their words and need not to divide the family. Now my wife demanding to divide from the family, my wife can’t able to adjust anything. I can’t depend home related works on my wife due she always trying escape from the home related works. My mother is only taking care about all home related works. One day may parents went to my relatives home on that date my wife couldn’t able do anything like cooking and etc and she moved her parental home and she came to my home after my parents return back to home.

My wife always pass the information through phone to her mother what was happening in my home and she follow according her mother instructions and I have to follow accordingly her instructions otherwise she will argue & dispute with me. I was mentally experienced this so many cases. I think as per my thoughts if I divide the family my in-laws want to take near to my home and they will control me through my wife. My wife is not working now. If I keep this a side all this a moment but I don’t have capacity to maintain 2 families.

My wife interested live like luxury life, If I divide incase future my wife will may be deny the giving the money to parents to taking care them and she can give warning again file a case all those things. I have confidence this situation will happened tomorrow if I divide. What I have do I am unable to understand please clarify.

If I divide the family I don’t have confidence my wife will be for a long time with me. If I divide I will lose relationship with my parents and all relatives through my parents, if I don’t divide I will lose relationship with my wife. Is there any possibility to give the counseling to my wife to change her attitude?

 

When my wife was in my home she demanded somany times to purchase home appliance freeze, a/c and l.E.D tvs and gold ornaments. When she forced me I forced her to purchase from her earning salary. Will this come under dowry harassment? I think My wife has recorded such conversations.

 


You will have to face case based on merits, merely filing 498a does not prove you to be guilty, case will go for trial and your lovely wife has to prove her allegations, if she fails to prove allegations, the case will be dismissed and you can file perjury case against wife and company as they lied under oath in court, and she will be sent to jail for 7 good years.

If she files 498 after I file the restitution of conjugal rights, after that If she has interest to come back to home will I have to accept her even she file 498. Actually speaking if she files 498 I have not interested to accept her. What will happen this case.

 

 

Maintenance is 1/3rd of take home income.  Here as she only deserted you and is not willing to come back to you, tell to court that you wont pay a single penny to her as she has refused to come back, if she is ready to come back, and accepts all your conditions mentioned in RCR, then no need of paying maintenance.  However, both you and wife have to contribute towards alimony for baby equally.  Show all expenditure done by you with bills, insurance, bank loans, medicine bills, electricity bill, internet bills, telephone bills, etc.

She has qualified, educated and she has capacity to do the job. But she is not doing the job and take care about herself expenses. She has not interested to come back to my home then why I have to pay the maintenance to her please clarify?

1/3 of take home will go to means, I have to pay to her (52000*1/3=17333) or otherwise 1/3 (52000-17500+6000=28500*1/3=9500) will be considering after my personal loan (17500), father medical expenses (6000). Kindly advise as per above working I have to pay Rs9500/- to my wife.

 

If we divide Will it be consider related my expenses like house rent, electricity and telephone bills etc. after that only I have to pay 1/3 on remaining amount or what I to have pay directly by 1/3 of 52000.

prasadh (abc)     15 October 2014

Before we got married they asked to divide from parents through marriage broker, we have denied their proposal and we have shown not interested to marry her. After that my brother-in-law called me and they have changed their words and need not to divide the family. Now my wife demanding to divide from the family, my wife can’t able to adjust anything. I can’t depend home related works on my wife due she always trying escape from the home related works. My mother is only taking care about all home related works. One day may parents went to my relatives home on that date my wife couldn’t able do anything like cooking and etc and she moved her parental home and she came to my home after my parents return back to home.

My wife always pass the information through phone to her mother what was happening in my home and she follow according her mother instructions and I have to follow accordingly her instructions otherwise she will argue & dispute with me. I was mentally experienced this so many cases. I think as per my thoughts if I divide the family my in-laws want to take near to my home and they will control me through my wife. My wife is not working now. If I keep this a side all this a moment but I don’t have capacity to maintain 2 families.

My wife interested live like luxury life, If I divide incase future my wife will may be deny the giving the money to parents to taking care them and she can give warning again file a case all those things. I have confidence this situation will happened tomorrow if I divide. What I have do I am unable to understand please clarify.

If I divide the family I don’t have confidence my wife will be for a long time with me. If I divide I will lose relationship with my parents and all relatives through my parents, if I don’t divide I will lose relationship with my wife. Is there any possibility to give the counseling to my wife to change her attitude?

 

When my wife was in my home she demanded somany times to purchase home appliance freeze, a/c and l.E.D tvs and gold ornaments. When she forced me I forced her to purchase from her earning salary. Will this come under dowry harassment? I think My wife has recorded such conversations.

 

If she files 498 after I file the restitution of conjugal rights, after that If she has interest to come back to home will I have to accept her even she file 498. Actually speaking if she files 498 I have not interested to accept her. What will happen this case.

 

 

She has qualified, educated and she has capacity to do the job. But she is not doing the job and take care about herself expenses. She has not interested to come back to my home then why I have to pay the maintenance to her please clarify?

1/3 of take home will go to means, I have to pay to her (52000*1/3=17333) or otherwise 1/3 (52000-17500+6000=28500*1/3=9500) will be considering after my personal loan (17500), father medical expenses (6000). Kindly advise as per above working I have to pay Rs9500/- to my wife.

 

If we divide Will it be consider related my expenses like house rent, electricity and telephone bills etc. after that only I have to pay 1/3 on remaining amount or what I to have pay directly by 1/3 of 52000.

 

can you please help about this one urgently


(Guest)

She has recorded your conversations with her, shows that she is criminal minded. Adjusting wives were there 30-40 years back. Not now. Now women are equally capable of earning money like husband, hence wont have value for anything, neither husband or parent in-laws. Coupled with parents support they start acting like drunken monkeys. You have only two choices, either somehow adjust with your wife, arrange for separate accomodation and see if wife will adjust with you and do household chores and duties expected of her, then decide to go for divorce or not. If she is not able to do perform domestic duties, there are options such as hiring maid/cook etc. These are tough times for men in general. You need to find solutions like cook, maid or if you cannot find/afford such solutions, you should not get married at all. Expecting your wife to be like your mother is a sin/crime. Ideal wife should be like what your mother is; i.e. looking after family, showering love and affection etc etc, but same cannot be expected to today's generation wife. Today's wife wants all luxuries in life, dont want to cook, dont want to look after husband, dont want to respect husband, dont want to look after old in-laws.  That is because her mom and dad never teached her to enter kitchen, to cook. They only taught her to go school, come back, go college, come back.  The parents of your wife are directly responsible for the failure of your marriage. 

If you are not willing to take her back, then you will have to pay her alimony to the tune of 10k per month, that too if you submit valid bills showing your expenses. If you come out of your parents house and arrange separate accomodation, no need to pay her any alimony.


All this is a blunder.  Either get MCD from her, by paying one shot huge alimony, bargain for your freedom.  or fight contested divorce petition.  Dont want to roam to court, arrange separate  accomodation for you and your wife and give it a try.  Adjust with her.

Also show to court her bank statements.  Apply RTI and ask for details of her past employment to her employer.  Procure her old salary slips.  Produce in court her marks card.  Thats the way you can avoid paying alimony to her.  

prasadh (abc)     16 October 2014

I am unable to understand one thing here as a husband we have to support to her till end of life, we have to do very hard work day and night for earning the money and responsible for take care of wife alimony or maintenance or whatever but she doesn’t have responsibility take care about husband like cooking or taking responsibility home related works or whatever and we don’t have a right to ask for regular home needs if she earnings money.

We have to work day and night for wife happiness but we can’t spend our money as per our wish. My parents are taken care about me from childhood and they are the strong reason today I am in this position but now when they are in old age I can’t give happiness them as per their wish and again I am giving trouble them due to my wife. My parents don’t have any rights as per law to get happiness.

Before marriage everyone felt happy but after my marriage I think none of the husbands are happy due to this rude behavior type of wife. If wife doesn’t have responsibility then why husband only responsibility for everything I am unable to understand? In this law so many things but why in this law there is so many loops. What is this bl**dy Indian law?  I love my India but I really hate this Indian law. With this Indian law none of the people will get justice its true.

I want to ask one thing if I have not interested to divide the family even if I have divided indirectly I will loss relation with my parents and entire relatives. In future if anything dispute happened with my wife then she has relationship with her parents and relatives and she can go any point of time leaving me and go to her parental home. In this situation I will loss everyone including my wife and especially my baby girl. Finally I will be sole person and I don’t have relationship with anyone then what is the point I am in live or died.

Tell me is there any rights to court to give the orders like I have to divide from my parents and stay with my wife. Frankly speaking I have not interested to leave my parents and even thought I have not interest especially trouble to my baby girl career.

Finally I have decided I will give the notice to my wife saying that to come to our home, if she has interested to stay with my parents then bl**dy thing happen will happen I can’t do anything. Let her what she can do, do it that’s it. In my decision is there any possibility to go to jail?

It is very critical to get the bank statement; I have a network to find out this. Even if I get the bank statement, how can I produce the bank statements in this court? Court will not ask the question how I got the statements.

If I don’t have capacity to pay huge alimony in one shot which was demanded my in-laws huge money which I am not going to expect that much money?  Or if I have capacity how can close legally this matter?

If I pay one single shot huge alimony I am sure they will through my baby girl in to outside like children charity homes or I am sure they will kill my baby girl. How can I securely pay to them on behalf of my baby girl?

What is this MCD?

What is this  RTI ? 

 

 

Please advise


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