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Rakesh   15 October 2015

How to file rcr sec 9 hindu marriage act


I'm an IT professional. I got married with my x-collague's sister on Dec. 6 2014. After 1.5 month of the mariage problem started. My wife was not comfortable with my wife she wanted that whatever she says my morher should follow that. Although my mother helps her in house hold jobs but that was not enough for my wife. She wanted to live her life in her own way as she used to live before mariage for example getting up late in the morning, not doing house hold jobs. All the time she encouraged me to live separately. My in-laws they also interfer alot in my family specialy his brother (my x-colleague).

This year on the ocassion of rakshabandhan she wanted to visit her elder brother's house but coz "Bhado" (a month according to hindu religion) starts on the next day of rakshabandhan and new brides are not allowed to come to their in-laws home in that month that's why my monther denied to send her. But after that my brother-in-law (my x-colleague) he started blackmailing me that he will file a case against us for asking dowrry, he sent me too many messages on whatsapp that I've saved as evidance. Too much drama was created. Any how things got setteled.

Recently one day my father scold her because she didn't offer him breakfast and was sleeping. When this incident happened I was out of city. When I came back I asked my father not to do that again but my wife she was insisting to go to her brother's house. When I was again not in town my brother-in-law took her with him in my abence. I called her twice to come back but she was not ready to come unless I start living seperately and she is asking for money too. His brother and his father they are trying to threaten us that they will file a dowry case against us.

Here I would like to mention that I have recorded all the telephonic conversation. Please guide me can I file asec 9 against her? 


 14 Replies

fighting back (exec)     15 October 2015

filing sec 9 case after getting threats of dowry and fake complaints is like shooting yourself in the foot.....if you are filing it with the sole purpose of saving on maintainence....then this case will backfire on you

Rakesh   15 October 2015

@fighting back

Could you please elabortae...

dhivagar balu (working)     15 October 2015

yes u can file sec 9 of hindu marriage act 1955 (restitution of conjugal rights).against her.

in india conjugal rights the right of the husband and wife to the society of other spouse is not merely creature of the statute.such a right is inherent in the very institution of marriage itself, the term conjugal rights may be viewed in its proper perspective.

it can be stated that the wife who has moved to the court questioning the constitutional validity of section 9 of hindu marriage act 1955 (restituion of conjugal rights) is vaild and does not violate article 14 and artical 21 of indian constitution.

Rakesh   15 October 2015

@dhivagarlaw thanks for ur reply. I have discussed with some of my friends regarding that and everyone is suggesting me not to file sec 9 against her as she can also file a fake 498 A and DV case. As the Indian laws are more favourable to women because the society has potraied them as "ABLA NARI". So if she goes for that 498 A, DV and maintainence cases how can I protect myself and the evidances like the recorded telephonic conversation is valid in court?

Rakesh   15 October 2015

I would like to mention one more thing that her elder sister is already living seprately from his husband at her parents house, so will it support in my case prooving my in-laws wrong?

svparadkar (ceo)     15 October 2015

I would suggest live in relationship with some other girl.within ur wife's kniwledge...ur wife will come back to u after she finds this . Filing RCR is suicidal..If u r fed up with ur wife & do not want her back, simply wait for her to file for Divorce..

svparadkar (ceo)     15 October 2015

My personal experience is husband should not file fOr Divorce or RCR.LET WIFE TAKE INITIATIVE..sometimes it pays to be patient ..if ur wife is educated and working, u can avoid paying maintenance also..

Rakesh   15 October 2015

@svparadkar I don't relate with your suggestion to be in a live-in or any other kind of relationship.

My wife is an M.A (English), she has also pursued nurssery teacher training and before mariage she used to work as a teacher in a PVT school. One more thing to be noted that after mariage she wanted to pursue a vocational course to change her career track and it is me who sponsered for that course and I have the evidance for that too.

dhivagar balu (working)     15 October 2015

hello mr.rakesh i think u hv lot of evidence to favour of u...then y u affraid 498 a of ipc . go and consult one senior lawyer of ur area and the u get good suggestion of this matter.

Rakesh   12 November 2015

Hello Mr. Dhivagarlaw, I'm only afraid because of the Indian law structure that is in favour of women only, who is going to trust me. I had consulted a lawyer also and he also said the same to me. I was trying that any how if I can skip these case and all that because I'm a private employee and I don't want to be in all these things. I called my wife twice to come back but she said that unless I start leaving seprately with my parents she won't come. Then both her brothers called my younger brother and threatend him regarding the dowrry case. Then I called him but he didn't receive my call then after a while both of my brother in laws they took themself in confrance and callled me I asked them to come at home along with my wife to settel down everything but they didn't come. I again called my wife today but she didn't receive my call then I called her sister in law and my brother in law too but no one received my call. I sent text on whatsapp too but got no reply. I don't understand what her family wants from me.

Mukesh sharma (job )     24 November 2015

hi rakesh i agree with you and also agree with senior opninon but i suggest one thing you could wait few time of yoyr wife can she take acion any against you are she file case divourse before you bec you are right when you take any action against her he file case against you like 498a and 125 and some more so you also job in private company so could not afford all this so first wait if they tourcher you than you give applicatin i local police station tell him all matter he call you and your wife to talk hope some happen good other you file case of divourse and if your wife working than you no need to give maintenance fund so till wait 

Rakesh   06 December 2015

@Mukesh Sharma thanks for your valuable suggestion. Today it's 6 Dec. and my first marriage anniversary so I called mt wife to wish her but her mobile was switched off then I called on my father-in law's number and asked him to give phone to my wife. I wished my wife for the aniverssary but she even didn't reply like "same to you". I asked her when is she coming back but she fidn't answer properly and said when her father would say then only she would come back. She said that if I want to live with my mother and her then don't discuss these things with her but discuss these things with her father only.

I don't understand that what to do...even uf she comes back how will I spend my life with such a lier. Are all of the laws in favour of girls...can they do whatever they want to..?


Rakesh   09 December 2015

Some people have suggested me to lodge a complain against my wife stating that she doesn't want to live with my family and threatening us of dowery and DV case. Kindly guide me shall I do that? One more question that if my wife files a case against me to kya mujhe use case ladne k liye bhi paise dene honge?

Rakesh   19 December 2018

it finally happened what I was afarid of, my wife filed 498a and 33 case. I got an anticipatory bail along with my family. The final chargesheet has been submitted and on the last hearing my father in-law lodged his statement in the court. When the judge asked that whether we are trying to compromise or not then my father in-law said that yes we are. But actually we are not having any such discussion. After sometime he called my brother through my lawyer there were few other people too they asked him to compromise. 

To be very frank I don't want to stay with my wife any longer, so I want to know that if I don't compromise and be ready to stay with her will my and my family anticipatory bail be violated?

Please guide,


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