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suresh (Engineer)     28 June 2013

Plz help me to join my hands with my wife

Hi experts,

Im aged 24. me and my wife were in love for the past 6 years and we got married last year 4.05.2012 . our marriage was a registered marriage and we too having the marriage certificate.

our marriage was not informed to her parents.only in my home they supported as since we both know that we are from different caste my wifes parents wont encourage our love and marriage.

iam working in a big mnc group as a engineer.after our marriage i got my residence in my company quaters by producing our marriage certificate.

since we both well educated my wife was working in one city 250kms apart from my place where iam working.

during weekends she use to come to our matrimonal house and we live together.

after some months her parents came to know about our marriage and she has been forcibly took to her native by her parents and relatives.

no response from their side . i dont have any source to communicate with my wife. suddenly i received a divorce notice from her on behalf of her parents cruel caste disesase.

since iam belonging to lower community than my wife, they dont want to send my wife to live with me. after that i applied HCP in high court where she has been produced .

they came with men and muscle power by threatening her. finally she was forced to tell that she want to go with her parents. my wife was completely threatened and crying all the way in court after the  judgement.

now they have filed the divorce case in their native court. i dont want to leave my wife. i want to bring her back with me. i want to meet nd explain my situation. please give me suggestions to succed in my love and life. i dont want to give divorce.

how fast i should be alert even if they try for ex partee divore....



Learning

 26 Replies

Adv Archana Deshmukh (Practicing Advocate)     28 June 2013

File a petition for restitution of conjugal rights in the court.

2 Like

suresh (Engineer)     28 June 2013

HC judge also adviced me to go for that mam... but iam having one doubt. an u tell me is it possible??

Adv Archana Deshmukh (Practicing Advocate)     28 June 2013

why is it not possible for you to file an RCR?

suresh (Engineer)     28 June 2013

Iam accepting that mam. my doubt is that the case was not numbered still. if they try to put false address of mine and iam too not getting any notice to come to court,will they get ex partee divorce??

UDAYAGIRI MALLIKHARJUNA RAO (ADVOCATE)     28 June 2013

Suresh, Right to Conjugal Right is the correct way in the court procedure.

if you had the local influence political or relatives you talk with your wifes parents. 

1 Like

Adv Archana Deshmukh (Practicing Advocate)     28 June 2013

Summons are to be served on that address, if they are served and you don't appear, then they may get an ex parte decree. Engage an advocate in that city and be in touch with the developments. File your RCR case immediately without wasting any more time. 

suresh (Engineer)     28 June 2013

Uday sir, as i already told they have wide influence among their native .since bcoz of that only my wife is frightened that they will give some trouble to me nd to my parents. i even talked with them in phone.they were not ready to talk with us. their only intentiobn is to get divorce.

suresh (Engineer)     28 June 2013

lf they serve false address how can i appeal that........??mam can i appeal for transfer of case to my native where me nd my wife got residence....becos it is highly risk for me to run the case there in their local.

Adv Archana Deshmukh (Practicing Advocate)     28 June 2013

You can apply for transfer showing the threats given to you.

suresh (Engineer)     28 June 2013

if i do so....will i get the priority to transfer the case....or is ther any other possibilities for their parents to stop the transfer of case?/

Adv Archana Deshmukh (Practicing Advocate)     28 June 2013

There is no question of priority here.. it all depends upon facts and circumstances of a case.

suresh (Engineer)     28 June 2013

i got it mam....how could i come to know  if they get ex partee divorce ???

rcr is fst option to move or transfer of case is the first procedure to appeal???

Adv Archana Deshmukh (Practicing Advocate)     28 June 2013

When you do not know whether the case is filed or not then, where is the questiono of transfer? If you know that the case is filed then, appear in it so that the matter won't go exparte and then apply for transfer. You can file RCR now.

suresh (Engineer)     28 June 2013

ok mam....is ther any time period to wait for counselling ...or  can i appeal for that immediately to convince her in privacy???


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