Priyanka (None) 04 August 2012

Restitution of conjugal rights

Hi All,

I got married in June 2010(love marriage). After marriage I came to know that my husband is 12^th pass and under loans. He threatened me with revolver, burn me with cigarette, try to burn me in kitchen as well. He made fake degree and got job and kept my gold at Muthoot to get gold loan. On 12^th may 2012 I went to drawing room where he was watching movie and ask him to sit and discuss about matter so that in future we should stop fighting. He beat me and kept gun on forehead and threatened me, I snatched gun from him and I called my parents and police. I gave live cartridges to police but police did not write my statement and went. My parents took me back from my matrimonial home. After that my husband called in same day in the evening to come back. I told him that I will think and let him know soon. My parents called my father-in-law so many times but they did not replied back.

Then on 21^st I went to police chowki and they were called there and ask them to settle issue amicably. My husband gave a written statement that they will sit on 25^th may and discuss. They never called and fixed any meeting.

Then on 30^th June I received summons for family court that my parents took me for 2days and they are not sending me back and will lodged false case against them and brain washed me. Upon that my father was angry and we filed a complaint in CAW about this but no Fir is lodged till date. I don’t want to him to go behind bars even he treated me bad. First hearing is done and my father asked me to write that I don’t want to stay with my husband which I did. My husband and my father-in law came and said they are calling me and asked me come back which they never did. Now this week I have first hearing in family court.

Now my question is:

1. Why my husband filed RCR?

2. I want to stay with my husband, what should I do? What should I say in family court?

3. Can he withdraw RCR and file divorce?

4. What should I do to save my marriage?

5. When my parents asked me why he did this to me, no answer?

Please guide me what should I do to go back and save my marriage.

Reply Follow

17 Replies

Adv Archana Deshmukh (Practicing Advocate) 04 August 2012

He might have filed RCR to show that it was you who deserted him and try to excape paying maintainance to you in future.
If he has sufficient grounds he can withdraw RCR and file for divorce, there is no bar to withdraw RCR.
If you want to go back to your husband, simply go to the family court and tell them that you are ready to go with your husband.

JANAK RAJ VATSA (ADVOCATE) 04 August 2012

this is the result of rcr by your husband. if u want to reunite, then tell the court accodingly and live a happy married life.

Priyanka (None) 05 August 2012

My inlaws family are not at all rich. They dont have money at all to give me maintainance.My husband is under loan and he took loan on my name as well. That might be the case.

On 8th Aug2012 I have first date in family court. As you all said i should say I want to join my husband back. Will court give order on same day to me go back to matrimonial home or not. Wilo court give order to withdraw rcr on same day to my husband or it will take sometime.

I am very much scared. I dont know what to do..

Priyanka (None) 05 August 2012

@Janak I did not understand this is the result of rcr by your husband. I always wanted to stay with him. He is one who always tortue me..but still i dont want to complaint about anything.. I just want to save my marrigae. Sorry if i said anything wrong.

I am very much scared. I have his signed blank cheques, if i want to be a bad wife , i can be anytime and can file many bla bla cases.

Please guide me in better way. u guys are experienced and can help us so that we can stay happily.

I have lot of expectation from u guys. I am reading these forums from last 3months. I could tell anyone what are my sufferings. Husband/boy all think wife can only file 498....? how about me...i want to stay with my husband even i have not done naything wrong to him or his family.

Adv Archana Deshmukh (Practicing Advocate) 05 August 2012

No need to be so tense. Take your parents or some relative with you so that you won't feel scared. Tell the judge that you are ready to go with him even now then see what happens, what your husband say.

Priyanka (None) 05 August 2012

My parents will go with me. I want to know about if i say to judge that i want to go back? How about the RCR case, will judge order me to go back home on same day or will it take time. If my husband say that he dont want to take me back. Judge will take any action against them or what will happen?

HK_Jain... (498a Fighter) 05 August 2012

Originally posted by : Priyanka

Now my question is:

1. Why my husband filed RCR?

To deny his faults, he is showing that you deserting him.

2. I want to stay with my husband, what should I do? What should I say in family court?

Why you want to continue and if you wanted to continue then why you called police and leave matrimonial home, why did you lodge complaint in CAW cell

3. Can he withdraw RCR and file divorce?
Anytime
4. What should I do to save my marriage?

Read answer 2

5. When my parents asked me why he did this to me, no answer?

You should have this answer

Please guide me what should I do to go back and save my marriage.

My suggestion is Let his RCR exparty, and enjoy your freedom, let him confused, in frustation he will take some wrong way,

Priyanka (None) 05 August 2012

I called police just want him to give me in written that he will not beat me and stop his and his family demands.

That it. But he ran away from home and did not turn back.

Well i want to know family court proceedings. How it works.

HK_Jain... (498a Fighter) 05 August 2012

ok,then if you want to continue then contest his RCR that you want to come back if he oblige the terms & condition as you said earlier and but I am sure if you do so he will never accept your terms & ultimately both will be at loss..

debasish palchowdhury (development officer) 08 August 2012

debasish.palchowdhury@yahoo.com

sir,

plz advice.....i will be grateful forever.

my wife left home with an intention to dessert her mother in law(my mother) on 12th jan 2012

i filed RCR on 2nd april 2012

she wants to come back in my home but does not want to live with my mother in same house

i want to live seperately with my wife beacuse i have 1 1/2 yr old daughter

what is the fate of my RCR? should i withdraw RCR? my wife appeared before court for 2 times. i have come to know that my wife lodged a gdr against me and my mother in anticipation of my RCR(after she has been served with notice of RCR)

what to do ?

plz advice

Regards,

debasish palchowdhury

Priyanka (None) 09 August 2012

Hi All,

I attended first date of RCR and i told judge that i am ready to go back to my matrimonial home. My husband did not came on first date and judge told my father-in-law and their lawyer that he filed RCR and he is not present in court and wife is ready to go back. So what is the dispute? My husband lawyer told jugde that my their husband is suffereing from jaundice and went to delhi. No medical is submitted. Then my father-in-law said that we filed complaint in CAW. Judge did not listen to them and ordered them to take me back home by 14.09.2012 from my parents home and said that problem is at my in-laws end. I asked judge to give one mediation date. So mediation date is next week on Monday.

Now my question is:

1. As he did not attended first date of rcr - will it go against him?

2. What will happen if he will not take me back till 14th september?

3. I want to withdraw my CAW complaint as I want to stay with my husband. Shall I withdraw right now or later once he take me back? Because i took mediation date to see his intention. I will not keep any condition in mediation.

4. What should I do if in mediation he say I will take her back?

5 What action should I take so that I can go back? What should I say if he say that he is not ready to take me back?

6 Well today is second hearing of CAW and what will happen if he don't come today?

HK_Jain... (498a Fighter) 09 August 2012

Originally posted by : Priyanka

Now my question is:

1. As he did not attended first date of rcr - will it go against him?

NO

2. What will happen if he will not take me back till 14th september?

You would be at your parental home after 14 september too.

3. I want to withdraw my CAW complaint as I want to stay with my husband. Shall I withdraw right now or later once he take me back? Because i took mediation date to see his intention. I will not keep any condition in mediation.

No need to cancel complaint if you don't know what your husband want, let him come any one place atleast but you can hold CAW complaint for a time being.

4. What should I do if in mediation he say I will take her back?

Go with him what else you want.

5 What action should I take so that I can go back?

happily married & respect your husband and his parents & try to overcome the bad past and go ahead with life.

What should I say if he say that he is not ready to take me back?

Sorry you can't say anymore then.

6 Well today is second hearing of CAW and what will happen if he don't come today?

you should attend

Regards

Hemant

mrunaline kalla (self) 09 August 2012

appreciated your reply.

Priyanka (None) 09 August 2012

Hi Hemant,

Thanks for your answer.

Few more questions:

Correction to question:

2. What will happen if he will not take me back till 14th september?(Means to say next course of action).

4. What should I do if in mediation and also to judge he say he will not take me back? What will judge do? What order can be pass?

5. If he don't come till 14th sep can i go back to matrimonial home?

I went today to CAW..they gave us date because EO was busy on duty for independence celebration. So they gave another date. So let see what happen on next date?

Thanks

Priyanka