Residence owned by in-laws.Can they deny wife'sRCR execution

Hi There...

Please do not humiliate the institution of marriage using legal procedures.

Go to court only if you want divorce.

If you want to save marraige, why are you going to court?

If you want to save marriage, you should go to your husband and talk to him by looking into his eyes.

If your parents also want to save marriage, they should go and talk to your husband's parents.

No wife can win the heart of their husband by legal procedure. That is atrocious and ugly.

Without getting a place in your husband's heart, what will you do with a space in his residence?

If you want to save marriage, first talk to your husband and get his love. 

If you Give Love, you will Take Love.

If you Give Law, you will Kill Love.

since she got rcr decree in her favour the husband only must join her.but the court can compel him to join you.if husband doesnt join you that itself ecomes a ground for him to claim divorce

instead of filing rcr she should have filed dv case and should have asked for residential order (right to residence) in her matrimonial home.even if the inlaws oppose saying that the house is on their name and they file for stay against her entering their house the husband is bound to provide alternate accomadation and bear all the expenses.could have also got custody order,protection order,monetary relief etc

but now if she files dv it may not be strong as she herself has filed rcr.this is my opinion.kindly wait for other experts opinion.

Seabreeze,this is a continuation of UR previous query"  Husband accusing wife of infidelity, boozing to get divorce"

@Prasad,

The wife resorted to law only after all negotiations talks have failed over the months. The husband is hell-bent upon divorce, supported by his parents.

@saravanan,

I don't get your statement "if husband doesnt join you that itself ecomes a ground for him to claim divorce".....If the husband doesn't allow his wife to enter matrimonial house disobeying court orders, that is his fault. How can the husband claim the benefit of his own fault?

The wife had tried to enter the house only after taking legal protection order. But can she claim residential order (right to residence) in her matrimonial home which does not belong to her husband? And what custody order do you mean here? Who's custody?

@Sainath ji,

No, although they seem strikingly similar, these two queries relate to two different ladies!  Infact these two ladies are long-distance cousin sisters belonging to the same family!

Seabreeze,

As U say this is a different story,I try to answer.Prior to be driven out from the house she was staying there only along with her husband,hence the inlaws cannot deny entry to her..If the  husband stayed in that house during the marital period,even if he is away now the wife  after getting the decree cannot be denied entry.The husband has to prove that he desires to stay separately along with his wife for honouring the RCR decree.

Sainath ji,

You have hit bang on! Yes, the husband is "away" now, as per his parents' statement. His parents are claiming he has taken up a new job in a different state and residing there. They are claiming they don't know in which company their son works or his exact current address. All they told is the name of a city, located in a different state of India - thus denying her entry into the house.

But the wife is afraid, the husband is very much present in this city, maybe hiding in some relative's house, just to deny execution of the RCR decree.

How to handle such a situation?......Can she claim residential order (right to residence) in her matrimonial home which neither belongs to her husband nor her husband stays there presently (unless proven otherwise)? Another point to mention - the wife is the joint owner of her parental residence. In that case will she at all be eligible for residential order in her in-law's house, since she already has a residential property in her name?

Hello seabreaze...

I challenge you.

None of your legal procedure help in anyway for the wife to join her husband.

Every legal procedure to unite the couple will put them 10 times far away from each other.

They will loose all chances of reconciliation for ever.

After all legal battle, the wife may end up getting some monetary benefits.

But she will never ever unite with her husband.

If the wife really wants to join her husband, she should stop all legal procedures at once.

Else, get divorce gracefully and move on without hurting each other.

I'm not a legal advisor but I'm a husband who is in a troubled marriage. So whatever I say, take it from a Husband's perspective.

I agree with Prasad. You already have done  a step of damage by filling RCR. It is a complete waste of time n effort. The only way you can re-build your marriage is by discussion / love etc. Legal battle can only get you some money or a tool to trouble him. 

BTW, you did not mentione, why were you asked to leave from matrimonial home? What did you do? I'm not asking who's mistake it is.

del...for privacy of details

Even if she is having no RCR degree still none can deny her entry in the house.  Ownership of house in the name of in laws is jus t immaterial.

All that she has to do is to use mobile at the doorsteps and ring 100.

Your post: "The wife was very cleverly sent back to her parental house by her in-laws citing ritual or traditional customs and conventions. No quarrel, no altercation. Once away, her husband suddenly proposed for divorce." - I'm still not clear what was the reason they sent you back? You didn't do anything wrong in their eyes? Nothing?

Your post: "It was a bolt from the blue for the wife. Thereafter no amount of reconciliation from the wife made them change their decision." - My question is if there was no problem, then what were/are you reconciling?

Your post: "Had she not obtained the RCR decree, the husband could have boomeranged the wife with charges of desertion after 7 years to obtain his divorce." - First of all he does not need 7 years to file anything. Now after RCR, he will be able to revert with a divorce petition stating no cohabitation after two years of RCR. I still insist, if you want him back try to understand his problem (not saying he is correct, but understand and resolve/clarify the issue / problem). Court will not be able to join your family.

"Even if she is having no RCR degree still none can deny her entry in the house. Ownership of house in the name of in laws is jus t immaterial. All that she has to do is to use mobile at the doorsteps and ring 100." - I'm sorry to say this sir, but it is these insensetive suggestions which put the marraige in trouble more than resolving it. This lady in her first post says she does not want a divorce and you are suggesting ways and means to ensure divorce. Assuming her husband is at fault and he is adament, how will police/court be able to change his stand. Police and Court will only push them back. Only this lady can resolve it.

without police she is not gaining entry in the house.  Let her otherwise make a sovenier of the RCR order.