Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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selvapriya (business)     16 August 2012

Rcr against nri husband

Hi, am married for 2.5 yrs and have a 1 yr old boy.Our marriage was solemnised under Hindu Marriage act. my husband is an NRI & am working in Tamil Nadu. We were living in Chennai with his parents. Ever since marriage we have had problems due to my M.I.L constantly creating problems comparing me and her daughter in terms of dowry given, family background etc. He totally disowns me and child.

Many times my family intervened but no use. My husband refuses to live separately with me. He wants me to be with his parents. He is financially capable of keeping both of us separately (has 1 more house), but refuses to do so.

I was totally fed up, came close to suicide due to mental torture and finally left the house .Am working close to my parent's place for 6 months now. My son is also with me.

Now my husband got a job abroad & have disconnected all his contact with me. His family is also not answering any calls. We tried to talk thro elders/family members. No use.

I have no intention of filing criminal case even though i have been harrased. I am more worried about my son's future.

I want to live with him. My advocate is asking me to file RCR. will it help? I want him to come to India. Is there any way the court can order that without me filing criminal case?

i want to live separately with him. I dont mind quitting my job and going with him.

 

PLEASE HELP.....



Learning

 9 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 August 2012

Filing RCR is an option, but trust me RCR is a toothless tiger, no court can ever force your husband to live with you even after you win it ! he can be indirectly coerced through attachment of property but never made to live when he does not want to. I appreciate that you do not want to file criminal cases, ultimately they don't help, people think by arm-twisting they can make their husbands live with them under fear of criminal cases and everything but that does not work. Would still advise you to file an RCR - coupled with maintenance cases atleast for the children.

3 Like

selvapriya (business)     16 August 2012

Thank you sir.

What if he chooses not to reply to RCR or appear in court for hearing? He is not in India. Can he give that as a reason for abstaining from the hearing/ prolong the case? 

Can the court ask us to take marital counselling?


(Guest)

Take divorse ...... Or keep on crying false !!

selvapriya (business)     30 March 2013

We sent him a notice and  he replied thro' advocate that he is willing to re-unite subject to conditions. He was demanding apology for all my actions(fabricated!) & denied all his misdeeds. So,we went ahead & filed RCR.

Two summons has been issued so far but he has not appeared.  His advocate appears in court & says summons have not reached him as he is out of India

 The case got adjourned twice. 1st counselling also got adjourned. It has been 6 months .

 My questions:

1. Why will he delay the case if he really wants re-union? Is he playing safe?

2. When he could reply to initial notice sent on same address, how could court accept that consequtive notices were not served?

3. What is my way out now? should we press for ex-parte order?

  (My advocate doesnt seem to bother as he keeps demanding money for new summons & appearance!)

ashoksrivastava (scientist)     30 March 2013

HI SELVAPRIYA inadvertentlyperhaps you are praising your husband. you wrote " My husband refuses to live separately with me. He wants me to be with his parents". I salute your husband for his this very quality. ONLY A DUTIFUL SON CAN BE A DUTIFUL HUSBAND. The key to your husbands heart is perhaps through your MIL. I feel the day you will find ways to get the affection of your MIL. all your problems will be solved and you will never ever require to know anything about law and legal procedures.All you need is to go to some well meaning elderly lady in your family to learn a trick or two about how to win the heart of husband and inlaws. you don't need a lawyer. initially you may need to put aside your ego and crossover the barrier of mistrust. later things will work on principle of mutual respect.Pl. ignore my thoughts if you don't like them. regards and good luck ASHOK
1 Like

Adv. Vaishali Karloopia (lawyer)     31 March 2013

 agree with ashok shrivastva

1 Like

selvapriya (business)     01 April 2013

Ashok & shally, Thanks i understand your point. But no normal person will take to court when issue is sorted out in family.

Yes, there may be 1 or 2 women, but in most cases suffering is real. If it was not for my son, i would have ended my life long back. surviving on anti-depressants.

We spoke several times both personally & with elderly people from both sides.

If he intends to live together, i would ask sorry & forgive too.

On winning heart of MIL, that will happen only if i rob my parents of everything they have! 

If anybody can suggest me on my RCR questions, pls do!


(Guest)

It is sad after living with your husband for 2.5yrs and being an educated woman and a mother of a wonderful kid, you couldnt win your husband's love and affection. God knows what you are upto..

If you really mean "robbing your parents" for the sake of keeping your marriage on stretcher and to satisfy your MIL, you are entitled to file any damn criminal case available in the book.

it's easy to point fingers on others for your own lack of abilities and no RCR can get your husband back. I am damn sure you played your cards pretty badly and your husband one lucky goat being an NRI is free from all legal hastles.

Now you got one card "your son"

File for divorce/heavy maintenance and keep the custody of your son with you. You may get a chance to catch your husband.

1 Like

Manish Udar (www.Mehnat.IN)     02 April 2013

Get divorce. No other real option here.

www.mehnat.in


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