LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kumar (Contract)     11 September 2010


Hi All,

My marriage took place last 8 monts back and My wife is not agreeing to stay with me and my mother at our own house.She has gone back to her home 3 months back and she says that she wants to live in the city and not in my village where we are staying in our own house.We have given her parents a notice regarding this and have been asking her to come and stay with my family.They have replied to us saying that i should stay with her in the city.I really do not want to leave my own house and my mother who is aged now and i am the only one who have to look after her as my Father is no more.

Kindly request to help me suggesting how to deal with this situation.



 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 September 2010

File a petition for Restitution of conjugal rights in the court of law.


I am not an advocate but I can suggest that you need not seek legal remedy immediately. Give some time and thought over the issue. Let your in laws realise.

Self service (None)     11 September 2010

1. Do not take any legal action at this time.

2. Do not surrender to her demands today she want you to leave village and tomorrow will ask to throw out your mother, as you said you have given legal notice and got reply. Wait for some time try to settle down with mediator.

If all fails file for divorce based on disertion( after 2 yrs) or more grounds you can collect  by that time.

When you were married she was aware that you live in village?  Is your profession demands you to be in village?

Self service (None)     11 September 2010

RCR (Restitution of conjugal rights ) is waste only lawyers make money out of that. No one can push one person to live with other forcefully and even court can not punish for non compliance. More over you can not go for divorce later until unless you gets new cause.

Kumar (Contract)     12 September 2010

Hi All,

Yes she knows that me and my mother live in the village.But having said that her parents are also insisting the same.But how can i leave my living place.Her parents are not making efforts to advice her.


1. Ms. Archana advise is quite right. Many say RCR is waste but this waste piece of Section in HMA is one of the "most powerful" weapon on Record to show "intent" of one spouse towards oanother when matter moves further and further in this gender biased scenarios.

2. Send regularly money for "maintenance" to wife by hand written MO service before 7 - 10th. of each month. Write few lines from a pure at heart "husband" side showing genuine 'intent' to keep a wife in "matrimonial home" and "request' her to re-join the same, nothing more is required to be written in such love is lost love leters!.  Keep a xerox copy of MO form with your love towards her writtings as well as MO sending receipt. If sent MO is returned back  you will be asked to surrender the original receipt hence xerox of the same is a proof for later "legal use" when and or if current matters go further.

3. As a husband your first "rights" and "duties" is towards "wife" then towards your "own child" then towards "unmarried sister" in family then last comes your "old senior retired parent(s)" if any in exactly same sequence in the eyes of current form of gender biased Laws. You are now being programmed to follow this matrix.

4. By sending the "Notice" you have fulfilled your rights and duties to your "wife" before the eyes of Law. By regularly sending each month "maintenance" money to your wife you have fulfilled her "demands" as soon as she left boundaries of a "matrimonial home" as per eyes of Law. By 'staying' at "matrimonial home" and looking after needs of old ailing remaining parent you are not only prooving the facts of "desertion of other spouse" but performing "duties" towards your parent(s) as per Law.

5. Now my straight forward suggest in such mild brief situation is to enggage yourself into some "creative" persuits in present life and keep "wife" and emerging current "scenarios" into back of your mind. In "village settings" there are 100's of "creative" persuits a aam adami can get enagged into. These "creative persuits" will make you calmer day by day and minus "emerging provocation" and by following above 1 - 4 advise your legal "facts" becomes quite "sound" as prudent thinking before eyes of Court of Law if and but the scenarios reaches steps of any Court. Your current 9 lines brief suggest you have not done anything "wrong" as a "legally married" "husband" before the eyes of Law.   

6. Off and for the records in any permutation / combination of "situations" before and/or after and anytime during "marriage" its is the HUSBAND who is a kaddu (watermelon) and mirchi i.e. "cause of action" is always a "errant wife". But at the end it is a kaddu who is going to fall into pile of mirchi powder and / or mirchi dust is going to be powered upon a kaddu so ultimate loss is always that of a HUSBAND = kaddu.

Read again this message and understand the true spirits it is meant to convey and  if it interests you follow the sending immediately the "MO" part which I say missing from your 9 liner and or all the best.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register