Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raja (Architect)     05 October 2012

Please advice!!!

Dear Sir,

I got married on 8th Nov 2006 and have kid of 1 year old. Her native and my native are same place just 2 Kilo meters from her houes. After delivery my wife went to her father's house(not my current working place Chennai) and not returned so far(to my house in chennai and my native place where my parents live) and no quarrels from our side. We(Myself, her relatives, my relatives, friends) called her to come back. But she is saying that she wants to live together but not coming back and she is working in public sector bank in my native.  We tried multiple times adviced her to come back but she is not considering that. Now she is saying first 3 years of baby she wants to be at native(with her mother's house) but doesnt want come to chennai. Before delivery she was  in chennai and working. I literally get back my wife/kid from their house. If I send RCR(even after adviced her to come back multi tiles),

1. Would it be good enough. 

2. Not sure they will go for some false action like DV, 498a, etc..If they do so then what coul dbe best action from my side.

3. Is it possible to get the Kid back from my wife(if she doesnt want to rejoin) and what/how to do?

4. If she says to the family court that she wants to rejoin and will be in native for next 2 years then RCR will be favour for me?

5. If I file RCR in Chennai HC then would it possible to transer that to my wife's place by my wife?

6. Should I pay maintenance while in  RCR?

Please adivce and request your help on this please


Thanks in advance!!!




 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     05 October 2012

RCR is maintainble and would suceed only if your wife lives away without sufficient cause, if she's holding a job there - and has to stay because of that you may not suceed in the RCR (there are judgments to that effect), how ever there may be a case where she deliberately took that state when she could choose or she has option of relocating - then in that case you may succeed in RCR

Other than that as regards maintenance - if she is working in a PSU - she won't be entitled. 

498a/406 is for you to guard yourself and your family against. See this for tips


Good Luck !


Bharat Chugh

Advocate at Supreme Court

Rahul T (Engineer)     05 October 2012

Mr Raja,

              Since you are an INDIAN, therefore, you can’t do anything at this moment legally.  If you try to do anything like Filling RCR or try to act over smart & pay maintenance … it may backfire on you…  Better follow our National Leader P.M. (Manmohan Singh).  Since you can’t do anything, maintain silence and start accumulating proofs like “detail of her Job”, “Salary” or any other proof possible, it will definitely help you in future date…

Read HMA 1956 in detail…. You will get escape path in it, in the future date….NOT IMMIDIATELY….


Raja (Architect)     05 October 2012

Thanks for your answers..


Please suggest for below Qs pls,..

Is it possible to get the Kid back from my wife(if she doesnt want to rejoin) and what/how to do?

If she says to the family court that she wants to rejoin and will be in native for next 2 years then RCR will be favour for me?

If I file RCR in Chennai HC then would it possible to transer that to my wife's place by my wife?

Please advice

498 A fighter (Advocate)     05 October 2012

Mr. raja on this i give some suggestion to many person and same to you"

immediatly first give application to SP office to your area ahd her area that she is not living with you and residing her parent house by her own wish , and she may file false compalints against you you did not took and dowry or demand your marriage is without dowry.

and give one application ot paramarsh kendra of your area.

immediately file RCR , your advocate will help you dont delay this.

if you delayed then it is your fault in future you will admired Tajobs india for his excellent advise.

this is for your safety sooner or later you may be going to caught in false cases so start prepration to save your self now.

now its upto you but whatever legal proceeding you are goint to do dont tell to your in laws till they received through court , start prparing for AB also any time you may need it .

read this also and also go to various suggestion given by see by clicking on my name but best to follow the advise of stanely and tajobsindia and 

Adv. Bhart chugh sir all are very seniors and excellent experts.

I have filed the RCR in the month Jan 2012 but till now there is no progress.

Counselling is failed.

just collect the record of councelling , in which her statement that she dont want to live with you is there.

In her written statement she has thrown lots of allegation on me and my parents 

such as i have beaten her lots of time and my parents wanted her to burn alive.

As she is employed working in the same organization she stated in her statement

that she has withdraw her salary in every month and handed over to my mother as my mother wanted her salary.
can she is able to prove her allegation? any withness is there? she have any proof of it?

just enquire about it first? only allegation are not sufficient .dont worry.

you collect the copies of her allegations.

Now i don't want to take her back to my home then

dont say this to anybody from now , just keep it in your heart , if you admit this in court then wife will file for maintenance , may be file DV and 498.

and to say like this is the cruelty form husband side, the consider it , so cruelty lies on and she has to prove nothing against you as you your self showing cruelty whatever she you alsways tell yes you are my lord you are my love i am nothing without please come to my home and make my home swarg othewise we all bhikari you are our destiny maker just say this to show court , society and police only to say oraly and not by heart if she comes to you wisper in her years like if you come tome i will brutely murder you , sell you in market, make hell of your life remember no proof should be there of such word only to wisper in her ears , she caught in fear and herself deny to come back toyou. and you motto is fulfilled and you safe also.

[ remember these tactics are for false cruel and cunning fraud ladies not for innocent , by this if you get win from this court there is antoher court of third power so dont use it against innocent if you are in fault then accept it and bring her back as she is laxmi of your home, if she make any nonsence mistake forgive her ]

1. how to close this case? and precautionary measure?

dont close
RCR as now it is running so long time , now as you said it is in your favor if she already denied to live with you once you win RCR and divorce is easy for you and half battle you win , if win RCR then it will be helpful in DV case or in 498 case at least to get AB easily.

[ but other learned also advice you so just think over it i am not leagal expert i suggesting you by my experience only]

2. what are the pros and cons?

 i had given in above paras

3. What should i give reason to close this case?

as per my suggetion dont close RCR try to win it normally RCR will run maximum 7-8 month so your case is on end .

4. Is not establishing physical relationship will be the ground for divorce?

Yes it is ground for divorce and RCR also but you have to prove it. burden of proof lies on you.that why i said dont remove RCR you want marriage life but she is denying to perform/

Your help is needed sir.

every thing is clear also listen the advice of experts and now upto how you proceed and what is in your fate?

collect the record of her income and working proof also if she ask maintenace then it will be helpful.

My lawyer is not giving me correct advice. he is only asking for money though he is not coming to court. his asst is attending. i have to pay for rs. 200/- for her travelling allowance.

If you have no trust on your laeyer or he is not working well the jusr change him and oppoint a good energetic lawyer , less or more dont worry for money  afterall if you servive then you can earn what you spend and you get mental peace in bonus.

My lawyer is telling that we can close this case by stating that wrong allegation are thrown to us and like that.
dont worry about her allegation , allegation are allegation only untill they are not proved. you can put any allegation on anybody even on sonia gahdhi or on president what is the use of it ,

you can put allegation on your wife also but court works only on "SABOOT" . SO DONT WORRY WHAT SHE SAYS BUT AAP apna muh ganda na karo aur aap to vaise bhi jain ho iske bare me aap jada jante ho , muniji ki wani apnao.

just also be prepare to fight Dv and dowry cases but first try to solve the matter amicibley if it work then dont go for court .

A.SUMATHY 9380902017 (LAWYER)     05 October 2012

First you file conjugal rites petition in chennai and meet any lawyer for proper advice.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register