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Rajesh   08 April 2023

My wife is not returning back to home

I am married for last 10 months. It was a arranged marriage. My wife's family performed all the background checks and to do that they asked all my salary slips, company offer letters etc. Knowing that it is important for the marriage and the girl secured future, I provided all my necessary documents whatever they demanded before marriage and finally they accepted for the marriage. My wife is a graduate but not working before marriage. So, I could not get any related documents from them before marriage but asked basic questions. 

After 7 days of marriage, a news broke out in the news channel about a boy who committed suicide. And in his last letter he blamed my wife and his family. He also mentioned that he had a relationship with my wife for last 4 years and my wife has called him before my marriage etc. My wife's photo was all over the news and this news sort of ruined my family reputation in my society. Later in the evening, my wife's brother and relatives came and told about the boy. I asked to tell the truth and they mentioned that the boy is trying to unnecessarily ruin the marriage and before marriage, they had registered a police case against the boy & they had a agreement infront of the police where the boy had agreed that he will never create problems with the girl. I pleaded them to tell the truth immediately and asked why didnt they informed me about this before marriage. I also asked if they are saying the truth, please send the agreement copy, as this will build a foundation of trust between us.They agreed to send me and I too accepted my fate and wanted to stay with my wife and continue living with her.

I asked my wife about the matter and requested her to tell the truth. Even she told me the same thing and I was convinced during that time, as her family accepted to give me the agreement later.

Days, weeks, and more than 3 months passed, I kept asking about the agreement but they always have an escape and never gave the document. My wife after hearing the boys suicide news sort of had a mental breakdown and started behaving abnormally. Initially I thought it might be some health issue for which I visited doctor and performed checkups but never found any issue. My wife started manipulating things about me and my mother to her family members and due to which her brother scolded me and my mother using vulgar language and also threatened me and my mother that he will beat me. 

My wife also used to threaten me in between if I start asking about the agreement, and one day she left the home without informing anyone. Fortunately, my relatives found her and immediately I went to her home and infront of elders, relatives tried to sort out the issue by discussion. In that discussion, my wife and her brother agreed that they did mistake by speaking wrong things and apologised to my mother. I put forward the issue of still not providing the agreement yet of which they agreed to provide me in the next 15 days. Also they requested me to allow my wife to stay in her maternal home for 1 month. I agreed to it, also I requested them to leave her at my home post 1 month, as I had no leaves to again come and get my wife back.

Post 2 months after this incident, they refused to give the agreement, instead they are forcing me to sign an agreement that I will be responsible for my wife's wellbeing. I explained them as I am legally the husband, I am anyway responsible for my wife's wellbeing. But they are forcing me now and my wife & her brother continue to threaten me to sign the agreement else they will lodge a case against me. My wife is still staying in her maternal home and is not coming back even after calling many times. 

I don't know how should I defend myself in this situation.
Am I doing anything wrong here by asking the agreement ?
Please help 


 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 April 2023

You can send a legal notice to your wife on the ground of restitutional conjugal rights. It is a legal right that enables a spouse to request the other spouse to return to the matrimonial home and resume conjugal relations. The remedy is mentioned in Section 9 of the Hindu Marriage Act, 1955, and is available to couples of all religions in India.

T. Kalaiselvan, Advocate (Advocate)     08 April 2023

You do not have to get frightened about her threats or the threats posed by her brother.

If they are not willing to compromise and if she is not willing to cooperte in the married life propelry, you can send her a legal notice askig her to return to the matrimonial fold by stipulating a time period.

If she fails to return then you can file a petition either for restitution of conjugal rights or divorce petition after completion of one year of marriage

Rajesh   08 April 2023

Thanks for the suggestion. I have one query. My wife's brother is denying me to see the agreement that they had with the boy and my wife stating that it has nothing to do with me. And if I insist on showing that to me, they threaten to put a false case against me. 

As a husband, don't I have to right to see what happened in the past that too a legal case related to my wife before marriage. Is it not a wrong thing that they hid this incident which is of higher magnitude to me before marriage 

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     08 April 2023

You can sent a legal notice to you wife for restitution your married life ... and after send legal notice no reply come niether she came you can file petition u/s 9 for restitution... you can go to police station and talk to the concerned police about the agreement.... and before getting too late you have to file case under section 9... it will save you from many things like false allegations and threatening etc....


Good suggestions given by all learned colleagues.Folliw them and take action urgently.

Cs Dr Vedula Gopinath arbitrator 

Sudhir Kumar, Advocate (Advocate)     14 April 2023

RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse.  This way husband leaves her with no choice but to spoil his family even if she does not want to do so.


This forum is full of such cases where husband with  parents/siblings faced such criminal charges. 

After visiting jails people realise that the situation inside Indian Jails is not as rosy as shown in movies and the cops are also comedians in movies which is not in actual life.

Rajesh   14 April 2023

Do you mean to say, even if my wife and her family harasses me and my family, I don't have anything to do or defend myself. 

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