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radhika (housewife)     24 May 2012

Husband filed rcr section 9 hindu marriage act

Hi 

my husband has filed an RCR, section 9 hindu marriage act, and he has mention tht i have misbehavied with him, but instead of tht he wants me back and wants to have a peaceful married life.

but the actual thing is tht, i have been driven out of my martimonial house by my - in-laws and under their pressure my husband could not take my stand. But I have not filed any case against him yet, but i have a strong evidence tht I have never misbehavied and has driven me out of the house at no fault.

if i show tht evidence tht i have been driven out of the house, will the RCR case be neglected against me, or wht kind of judgement i can get?

secondly, he has also mentioed in the summon tht marriage took place in gujarat (also, he has registered the marriage under gujarat marrige act) , but the marraige took place in Ghaziabad and i have the invitation card as a proof. So will his wrong statement can put him in any mess? 

However, many lawyers have suggested me to file a maintenance case against him section 125. Will this be the right thing to do? as, i do not want to break my marriage.

and do not want to make thing more critical... as this could lead to a worst situation.... right?

 

 



 33 Replies

Tajobsindia (Senior Partner )     25 May 2012

 @ Author,


1.
Simply agree for RCR on nearest date of hearing and re-join him then and there straight form Court hand-in-hand forgeting in -laws! This is where THE moment of TRUTH best comes out in Court between spouses.
2. If he now does not take you, then, you are not left with much of choices other than following advice to file S. 125 CrPC, which anyhow if you are having no sufficient income to maintain yourself is eligible for. For his vehemence to sticking to, that, he has not neglected you as it being one of the conditions to get maint. under this section, you say you have some strong evidence - right. Use there the strong evidence that you say you have and not in RCR to show that you were driven out of the house hence “neglect by husband” proved !.


Let us see how one manages to kill two matrimonial birds with one set of bedroom evidence as in Sita pariksha in empowerment days
J 

3 Like

STUDENT.... (.......)     25 May 2012

@Radhika: Since I'm not a lawyer but I'm also an human just like you or others, however I would like to suggest you few thing here that you visit in court and present all the evidence that you have just to prove yourself right.

 

On the other part when it will be proved where the marriage took place/registered and the inlaws has driven you out of the house, you can also put your stand in front of the court and in front of your husband/in-laws that here where the marriage is concern if incase they need divorce then in that case they have to pay the maintanance or else if the husband want to save the marriage as he has mentioned in the court (As mentioned above in your case history"instead of tht he wants me back and wants to have a peaceful married life." then in that case he has to get seprated from his family so that you both as a couple can live your life happily and also do mention in the court that the in-laws are interfiring in your marriage life if incase the same thing happens again and again the problem will occur again hence he has to give this thing in written in the court that if incase his family creates a problem then in that case he will take your stand and will stop them in interfiring in your marriage life, and you should also take precousion from your end and do record the discussion while all this will happen no matters weather your husband takes your stand or not.

 

Also don't forget to keep updating the same to your family members about what is happening in your life and do tell them not to interfear in your marriage life until and unless it is important or else you call them and seek help and if incase they ask you to do this or that then in that case use your mind and think weather you should do this or not, I hope you to want to live your live peacefully as a wife/mother.

 

Also take decisions your self as well since you are not a kid now and understand that without family it would be difficult for you to live life. It is just my general suggestion to you as a brother/friend.

 

 

Also you can use the case history as stated in the below mentioned link:

https://www.lawyersclubindia.com/news/Parental-intrusion-ruining-couples-marital-life-Delhi-high-court-12423.asp

 

 

Regards,

 

Kunal Chib

Ph: +91-9999108998

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     25 May 2012

for  "radhika" :


Since you do not want Divorce from your Husband:

1. To jinx your husbands motives, you may temporarily consider moving back to your husbands house (irrespective of everything) and file declaration for the same in court.


2.  After you do the above, you may discreetly start collecting data (Bank statements, Business/ Service income proof, FDR's, all property details, other income proof of your husband and in-laws),  for future anticipated disputes.  Start recording quarrels, fights etc.... between yourself and your husband and in-laws.  All this could be required to secure yourself.


For the time-being, forget place of marriage and other things.  There are several scores of methods (good & bad) to make the marriage work, under all circumstances.   Also for amicable solutions, both of you may try to approach a professional marriage consuler and this too works wonders.


Keep Smiling .... Hemant Agarwal

1 Like

Ramesh I Zirali (Advocate. Mob:9482000686)     25 May 2012

my suggestion is that, u have to bring this fact to the persons who were mediators for ur marriage and also to the knowledge of the elders of ur and ur husbands family.  Mediation is the best way of settlement wherein u can express open heratedly whatever u have buried in ur heart during ur previous life with ur husband.  request the elders what has happened, so that they may convince ur husband.

1 Like

radhika (housewife)     25 May 2012

Hi Ramesh Sir,

Elders are involved in this matter, and they are aware of every thing... but can't do much... but i want to know... u said to convince my husband, but for what... is this section 9 RCR is a bad thing for me?

i want my respect back, the way he insulted me and my family.... plz suggest me the right step....

plz sir help me.. wht should i do

 

 

SURESH KALAGA (secretary)     25 May 2012

Dear Radhika Madam:

You please furnish me the details for below mentioned points in order to get appropriate legal solution to your matrimonal problem.

1. Why you and your husband living separately and how long?

2. You leave your husband and your husband leaves you? and what are the reasons for this desertion?

3. Have you got children after marriage?

4. As a wife, what your wish? you want continue with your husband or you want to relieve from him? If relieve is your option, what is the main reasons? (mention clearly)

5. You can mention / let us know any ponints about your case / problem.

If you have any doubts you can contact us @ sureshmgpl@gmail.com    

Suresh (All India Citizens Organization)

1 Like

manish (cdsdfasd sdf)     01 June 2012

@radhika,

your attitude seems to be that "unkey poorey family ko maja chakhana hei".. If thats your attitude and belief then file 498a, dv etc. you want to act as if you want to join but from inside your above attitude persists. In such a condition there is no point going to your inlaws house. Because you are going to be behave badly and create problems both ways..

as far as ypour evidences are concerned, no one will look at them till you reach the evidence stage in a court case and that may take years as its normal now a days. As far as RCR sec 9 is concerned, iots totally useless as no court can compel you to live with your husband or wife. Contest the case because I dont think you are one of those women who are ready to compromise for the betterment of marriage or relations

shriks........... (healyhcare)     06 June 2012

do u want to take revenge or live happily???????
ever in your life just remember this sentence-----" eye for an eye , the whole world will become blind"
have faith in god and bury the past , you need to chill revenge and vengence never satisfy anyone!!!!!

radhika (housewife)     06 June 2012

REad this and tell me, where to compromise and wht i should do for the betterment for my marriage.

dear manish, wht will do if your mother in law  threatens you, she can accuse u for anything, and one day she tries to attempt suicide and in the letter write your parents name, who are staying in a different city,  black mails you to leave your parents and tell your parents tht they have no right on you any more.... wht will u tht time... 

agar pori family ko problem me dalna hota to, i would have filed 498 case long time back, was just waiting for the day when things will be fine and will happily forever. i would have not waited for 2 yrs to save my marraige.

for a wife, if she doesnt know how much her husband is eaning and, ask her to earn for her living. moreover, asks her to handove the entire earning to her mother-in-law.

i had an arrange marriage, got to know after my marriage tht my mother-in-law is a second wife, and my (FIL) father-in-law's first wife was murdered by him(FIL). As she is the second wife, she wants to bring second wife for her son also. Will u tolreate tht you belong from a sophisticated family, but  your in-laws uses profen language at home MC & BC kind of abusive is nothing, so u can imagin.

I have no right in my matrimonial house, i have been tortured, i was forcefully seperated from my husband, forcefully asked to sleep on the floor, i have to eat as per my in-lws choices, i have wear clothes of my in-laws choices. My parents visited my matrimonail house, my in-laws misbehaved with my parents and uncle.

they are so shameless, tht those people can take off there clothes in public. my other in-laws relative are with me and with my family. I and my family we are trapped with bad people.

i have even been blamed for not bearing a child, thouhg my in -laws know tht my husband has a problem, not me.

this just 10% of my story i ahve told you... there is more to tell....

Still i have not taken any harsh step, stupid of me still keeping hopes tht i can save my marriage...... 

Adv Archana Deshmukh (Practicing Advocate)     06 June 2012

Express your intention to the court that you want to go back and were always ready and willing to reside with your husband. Even during RCR both of you will be send for conciliation. See if the disputes can be resolved there. If the in laws are abusive and are not willing to take you back then, a petition under DV Act can be filed to seek protection orders. But refrain from filing DV case as much as possible as this will create a vindicative spirit within them and may be harmful for your marriage. So it should be a last resort only.Try to resolve the matter by amicable means. 

1 Like

Nandha (NIL)     06 June 2012

@Radhika,

Sad to know about your situation.. you said yours is an arranged marriage ..but how come you or your family did not enquire about your husband's family.. that your MIL is second wife to ur FIL and your FIL murdered first wife etc..etc.. and now you feel that you are trapped with bad people!  I think something is missing in your case!

 


 

 

radhika (housewife)     07 June 2012

Nanda u r right... about the enquire ... But u said something missing in my case??? wht?

we are from a same coomunity and our home town is also nearby.... also, yes u r rigt tht we did not enquire about it.... as i and my family had to go throuhg this suffering tht is why be all became blind....  yes i am trapped... even my husband.. he use to doubt on me, he never let me talk to anyone...  just tht he is followong his fathe's foot step... and whtever his father will say he will do tht... he doesnt have his own mind... 2 yrs of my marraige, I have no financial security, i mean...  for the past 2 yrs i have tried every possible thing to keep my marriage life happy and peaceful.... but how long one person can adjust ... i dont know u will believe or not... but i have never cribbed about anything to my husband , never been a demanding wife, i use to earn and spend on my basis things... let see ... wht God has written in my destiny ....

radhika (housewife)     07 June 2012

Nanda u r right... about the enquire ... But u said something missing in my case??? wht?

we are from a same coomunity and our home town is also nearby.... also, yes u r rigt tht we did not enquire about it.... as i and my family had to go throuhg this suffering tht is why be all became blind....  yes i am trapped... even my husband.. he use to doubt on me, he never let me talk to anyone...  just tht he is followong his fathe's foot step... and whtever his father will say he will do tht... he doesnt have his own mind... 2 yrs of my marraige, I have no financial security, i mean...  for the past 2 yrs i have tried every possible thing to keep my marriage life happy and peaceful.... but how long one person can adjust ... i dont know u will believe or not... but i have never cribbed about anything to my husband , never been a demanding wife, i use to earn and spend on my basis things... let see ... wht God has written in my destiny ....

Adv Archana Deshmukh (Practicing Advocate)     07 June 2012

Think calmly, come to some conclusion and take some concrete decision. If you want to go back to your husband then only good mediation can help in your case. A skillful mediator may be able to resolve the problem.  I things do not improve and you are unable to maintain yourself then, you can also go for maintainance u/s 125 crpc. 


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