Rohan dhiman (Supervisor) 24 December 2013

Reason of separate living

Hello

After successful mediation she lived 4 months with me.

Now she is back to her home and denying to come back. She want a child.

I have decided not to have child for next few years. Her behavior havn't changed much. I cant trust on her.

Now as she is not coming back so i want to know that what can i do to let her come back to my home.

If i file section 9 then she can file CRPC 125.

So will her CRPC accepted by the court as i dont want the child now? but i dont want to live separatly from her.

What will be the possible decisions by the court?

Please Guide.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 24 December 2013

Your refusal for planning a family despite her desire may be construed for a different term, it is better to sit and talk to her in person in a private place without anyone's interference or disturbance, sort out the issues amicably and put your efforts to save your marriage instead of adopting adverse measures which may be a beginning for a ruined future. You have still time for settling the scores between you both and if this is the only issue, a compromise from your side will not lower your status, rather you be benefited out of it by resuming your happy married life and the future dreams of your life and career through this. Thus do not get misguided about RCR or Cr.P.C.125 etc etc. Think and take wise decisions when you have time to do it instead of repenting or lamenting over the issue at a later stage when hou have lost everything, nobody will come for your rescue then..

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 25 December 2013

Deae Querist family planing is mutual but if she want a child and you are not ready for that then it can be cruelty and on this ground she can get maintenance from you. agree with expert

gautam (not disclosed) 25 December 2013

You need to think hard on the child issue. If marriage is in a rocky stage, i dont know how anybody can advise you to have a child now, it will only complicate things in future. First give your relationship some time to see if you are compatible and committed to each other, if not, it is better to separate rather than complicate things further by bringing a child into the relationship.