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(Guest)

Sexual deprivation

Wife was caught cheating on husband. Matter reaches wifes parents. MIL tells son in law to stay away from wife and not have s*x with wife for one year. During this one year, MIL says daughter will work on herself and "cleanse" herself of her evil doings.

After one year, MIL does not respond to phone calls, emails. Wife files for divorce in US.

Can husband file case based on cruelty and restitution of conjugal rights ? 

Is s*xual deprivation a crime ? 



Learning

 7 Replies

M.Sheik Mohammed Ali (advocate)     04 May 2011

yes, you can file RCR, and cruelty also.


(Guest)

Sir

Thank you for your prompt response. Would you be to represent me as my counsel ? Pls send me an email. 

I can pay for your phone/email consultancy in case you are not taking new cases.

Thank you

reachadamkumar@gmail.com 

Arup (UNEMPLOYED)     04 May 2011

Can husband file case based on cruelty and restitution of conjugal rights ?

 

---   in your case adultry, cruelty, desertation applicable.

rcr and divorce are, of opposite nature. rcr is a prayer for reunite where divorce is a prayer for deunite. both can not be prayed simulteneously.

1 Like

Arup (UNEMPLOYED)     04 May 2011


(Guest)

Thank you Sir. I intend to file RCR and Cruelty first. Wait for the case to bake and at the right moment, move divorce application.

Arup (UNEMPLOYED)     04 May 2011

CRUELTY USED FOR THE PURPOSE OF DIVORCE, NOT FOR RCR. if you tell that your wife is cruel then you should not pray rcr, direct for divorce. if you choice rcr that means your wife left you without sufficient cause and you like to return her back. you have to choice either rcr or divorce.

Rohit Shukla (Engineer)     04 May 2011

Sir,

My wife after 5 months of marriage went to her paternal home and thereafter is making excuses not to return for atleast an year (for the time being, no idea about long term plans). The more we tried to press her harder to return seeking reasons for her excuses, the more accusive she has started getting.

Now I tried to relate the various incidences and her strange behaviour before the marriage and have found that, it was all pre-planned. She is 31and was not getting married because of her attitude. She wanted to become IAS and tried almost for 06 years and failed miserably (not even clearing her prelims in these many years). The reason now I have found out that she was in realltionship with many guys in her town, so could never concentrate on her studies. An adamant child when confronted by her parents to get married, got married for the sake of her parents dignity with a condition that they would call her after her amrriage for atleast an year. Now this drama unfolded. 

Its been more than 4 months since we had any communication. My other sources (relatives) in her town are indicating that she is trying to get into BEd. course for an year starting July. That means if she gets through would be away from me for more than 1.5 years in my then (Jul 2012) two years of marriage

Please suggest my immediate action. I personally have decided to go for divorce? or should i go for RCR first, then the latter. Personnly she is out of my mind and is not worth spending rest of my life with such a cold blooded but such a cunning member.

Divorce takes time & money with no gurantee? does it even weaks a person case in case of any counter charges?

Please suggest the most practical solution.

Warm Regards,

Rohit 


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