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Malai (Engineer)     02 June 2014

Pls Advise on restitution of conjugal rights

Hi,

Me and My wife are not living together for past 4 months after she went to her native place to deliver my son because of my resistance to their family members staying with us. Now my son is 3 months old and when i went and asked my wife to come and live with me she resisted and out of angry i hit her and she made a complaint to Women Police and said she will file for divorce. Now it is almost 1 month there is no news from her.

 

Can I appeal to her/court under Section 9 "Restitution of conjugal rights"

 

1. Is my demand to my wife to come and stay with me is correct considering my son is only 3 months old?

 

2. Is my demand to my wife's family member not staying with us permanently is correct?

 

3. What can I do if my wife is not willing to stay with me?

 

4. After child birth my wife is facing severe mental disorders like talking about suicide, not sleeping, not eating food, not interested in husband, hitting the kid sometimes and etc.. but I don't have any evidence for this. If i wish to file divorce under "mental illness" what are best chances.

 

5. What is the best legal advise for me?



Learning

 14 Replies

laxmi kant joshi (instructor)     02 June 2014

You have not mention why your in laws resides with you? don't go immediately to any extreme point , solve your problem amicably with each other or you can take help of your elders or relatives from both sides , don't file any case , realise you had done wrong to hit her be polite and act wisely to save your married life .

T. Kalaiselvan, Advocate (Advocate)     02 June 2014

Can I appeal to her/court under Section 9 "Restitution of conjugal rights"

Not necessary, it is too early to initiate any legal action against her including a lawyer's notice,since it is only three months after she delivered the baby, you wait for another two months.

 

1. Is my demand to my wife to come and stay with me is correct considering my son is only 3 months old?

  The above answer suit this too.

 

2. Is my demand to my wife's family member not staying with us permanently is correct?

If you do not like your wife side people staying in your house on permanent house, you have got all rights to ask them to leave the house, but if they had come there to help your wife during her pregnancy, it will be inhuman on your part to behave that way with them.

 

3. What can I do if my wife is not willing to stay with me?

You wait for some more time, let she first recover from her post delivery weaknesses and other related issues.

 

4. After child birth my wife is facing severe mental disorders like talking about suicide, not sleeping, not eating food, not interested in husband, hitting the kid sometimes and etc.. but I don't have any evidence for this. If i wish to file divorce under "mental illness" what are best chances.

After delivery you have stated that she is living in he parents house, how did you come to know about her such attitude, did you not inform her parents about this, if it is  a continuous affair, you may consult elders and decide about either advising her or to lodge a complaint with the police that she is unnecessarily threatening you to commit suicide and blame you for that, hence to take your complaint on their records for first hand information in case she indulges in any such act in the later stage,this may help to protect you from any legal implication/onslaught in the later stage.  Take wise decision.advise ofelders.

 

5. What is the best legal advise for me?

You have to wait  patiently, in my opinion, this is a temporary situation which may improve on passage of time, allow her to recover, don't keep troubling her by provoking words through frequent phone calls or in person, she will be very tender now owing to her delivery of baby, so she has to be handled very delicately, hence avoid harsh behavior with her, as far as possible try to convince her and make some efforts to reconcile the issues, if she is still adamant, just ignore it, dont attend to  her calls and maintain silence for a good period so that this will make her to realize and amend herself. Think and act wisely.

 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 June 2014

1. It is too early days to start the proceedings.

2. RCR is a waste of case, better try to diffuse the same by mutual discussion and involvement of elders.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Adv. Chandrasekhar (Advocate)     03 June 2014

I really get shocked that no legal expert condemn the enquirer for physically hitting his wife and demeaning the status of wife.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

It need not be rubbed into the querist Adv. Chandrasekhar. A wrong is a wrong.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

 

1 Like

Malai (Engineer)     03 June 2014

All,

Thanks for the advise.

 

I would like to clarify why I had hit her in first place, I am not trying to justify myself, it was pure emotion. During my visit to see my son, my wife scolded me and threw the mangalsutra (Thali) at my face, even then i did not hurt her. I advised her this is not right thing to do. Later next morning she asked me get out of the house and not to visit her to see my son. She suddenly threw my 1.5 month old son some 5 foot away on the bed and he started crying. Now I cannot control my emotion and I hurt her telling to stop hurting my son. This is first and the last time I had ever hit my wife in our 20 months of marriage. I have made a decision in my life to never hit any women for any reason long back, but this incident broke my decision. She soon lodged a complaint against me and I even apologized to her and her family and settled the case and I did not go to there house for some weeks.

 

After 3 weeks when I went my wife house to see my son, she told she is not interested in living with me and she will never come to me without her parents. I cooled her off and started advising her about future and tried to understand her problem but she remained uninterested. I stayed for 1 day and I could see that she is not normal, not sleeping, not eating, very tense when i advised her, breathing hard, holding her head, beating herself, sometimes saying she will commit suicide, she even hit me in the male part and next morning she lodged a complaint against me for s*xual harassment in local Police station. But I did not have any physical contact with her. I supported the investigation for 2 days and then she withdrawn the case saying she will apply for divorce in court. But she did not apply for divorce even after 1 month.

 

After these incident I decided not to live with her anymore and I don't want anyone to die or commit suicide or kill my kid. I came to a conclusion that she is mentally not stable and it is dangerous to stay with her anymore. I don't think after these incident it is possible to continue the marriage agreement. Now i feel really mentally hurt and these incidents will not fade away from my mind easily.

 

Do you experts still feel I can wait for her to return? 

Gautam Kapoor (IT professional Studying Law)     03 June 2014

This is a occuring phenomenon in many Indian households.You did not allow her parents in your household for delivery,this was taken as a advantage by her parents and her mind poisioned to such a extent that she is behaving in such a arrogant way. Your wife though she may love you is unable to take your sides either due to your earlier action or due to the level of toxicity raised in her mind by her parents.

Give this relationship some more time (at least for your kid), her harmonal imbalance will soon be normal.Talk to her daily, enquire about your child, let her know that you care for both and if possible for the sake of a happy union let her that know that you both need to make ammends and you are open to it.

Some people are born/bound to die a KARMIC death (don't laugh at me... it is going to be for sure one day ... if not you .. your children will face the same consequences in front of you ) who instigate poor gullible women to file false criminal cases read false 498,DV,MC.

2 Like

Gautam Kapoor (IT professional Studying Law)     03 June 2014

btw agree with Mr.Kalai and Mr. Shonee

Adv Aneesh Trivedi 9424449500 (Advocate)     03 June 2014

the same was my case my wife put my 15 days old daughter on hot floor.. just to black mail me....

ANAMIKA VICHARE (LAWYER)     04 June 2014

Do not file RCR instead create some proof sending letter on yr own only chk the wordings with lawyer before sending it...andgo personsally with friends/relatives n record the conversation what is tobe talked out consult with yr lawyer

N.K.Assumi (Advocate)     04 June 2014

Agree with the expert Shonee Kapoor, RCR a twilight to Divorce. Better try to stitch up the relations as the matter is not that grave.

Malai (Engineer)     04 June 2014

Thanks expert for your advise.

 

My wife and their family members have said to me to deal legally with her if we try to talk via elders/relatives/friends they said they will file complaint in Police Station. I have no option but to deal legally, can any one give a good legal advise for me.

 

It is she who said she will file divorce in court but I am sure she will never do that. And also she will never live with me with/without her whole family. So I think I have no option but to file divorce and open a case.

T. Kalaiselvan, Advocate (Advocate)     04 June 2014

Patience is ht best suggestion for your for present,as I have expressed that it will be too early for any legal action, allow the things to go on in the same fashion for a longer while from now, remain silent and watch the developments patiently, when a situation arises to act, then approach the legal forum for remedy, if necessary or act as per the prevailing circumstances.

1 Like

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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