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Rahul (Self)     05 November 2013

How can section 9 help me bring back my wife

Some facts :

1. I am 29, married for over a one and a half year.

2. I have a baby girl close to 10 months of age.

3. My wife is from outside delhi while I've been living in Delhi ever since I was born, after marriage we put up at Delhi only, at my parents house.

4. Marriage took place outside delhi.

 

Here is the problem:

My wife has been putting up at her parents house for a little over past six months with my kid.

All my and my family's efforts of bringing her back are in vain.

My parents, family members, mediators of our marriage tried to to contact my in-laws but they dont respond at all.

All my efforts of calling her and seeking to meet her at her parents house are being neglected / avoided / rejected.

She hasnt called anyone in my family(including me) since the time she left home, has picked up calls only once or twice from my/our side outta over 50 attempts.

 

Questions:

1.How can Section 9 help me bring her back home?

2.Should i take the initiative and file a case at all instead of waiting for in-laws/wife's response? As I am aware of the false allegations woman can put on husbands. (which by gods' grace hasnt and will never be the scenario with me). And i am worried once I/we turn to legal way of resolving personal issues, woman always have a upper hand courtesy of the indian law system.

3.Is it the only thing I can do to bring her back? Should I file anymore complaint(s) alongside section 9?

4.What are all the precautions i should take before filing such complaint.

Please explain how a court in general see such cases and what problems can i face in court of law any practical advice would be greatly appreciated.

ThankYou

Rahul

P.S. I put this thread in marriage section as i consider I am still married and section 9 is useful for married people. Sorry if I put it in wrong catagory.



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 3 Replies

498 A fighter (Advocate)     05 November 2013

there is message check you inbox

sandykrish (Interested in Family LAW)     06 November 2013

No law in this universe will be able to make a spouse to resume cohabitation. Ascertain your current situation and act accordingly. RCR is futile and its a lawyers festival.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     09 November 2013

Well, filing a RCR is a blessing in disguise, but cannot guarantee that your wife will come back and join you. However, filing a G & W C along with RCR will keep the pressure on your wife to consider coming back. Further with RCR, she cannot file any criminal complaints against you or your family, like 498 A, D V act etc. I suggest, attempts to reconcile made prior to filing a case are always fruitful either personally or through a counsellor and use of legal remedy should be the last resort.


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