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Shashi Kiran (Self)     28 June 2011

Suggestions Needed for a Failed Marriage

Situation :
My wife has left our matrimonial home several months back ( its more than an Year! now) and refusing to return. She is not willing to live with my parents and wants to move separate. My attempts get her back is getting worse and I cannot afford to move separate at this stage for several reasons, including financial.

Secondly our relation was never so good and it was a failed marriage. She had asked me for divorce several times previously ( she is  denying of making any such statements now). But with help of my & her parents we had patched it all the previous times.   

Now she is preventing my child visits ( as expected )  and misusing sympathy of the kid to emotionally black mail me.

I thought filing an RCR as an option. But I got the advice from the Forum that RCR can backfire [ With the "standard" wife's package]

She is coercing me to move out "temporarily"; but its a clear trap as 1] she never was interested to live with me 2] she knows i cannot come from my current house 3]she never wants to come back to our matrimonial home.

She also had threatened me that she "will put in jail"  if her conditions are not met.

Question :

No amount of counseling has any effect on her; Its been more than an year of separation from my kid.
Please suggest;  what "*LEGAL*" options I have?


 5 Replies


File RCR. If false cases have to come they will come, no Indian husband can do anything in it except fighting it !

1 Like

Tajobsindia (Senior Partner )     28 June 2011

@ Author

File RCR
One of the reasons which earlier I did not mention of backfire is that when concerned Court asks first a wife to rejoin she says YES and then court asks husband do you take her home ? He immediately says YES.
In my opinion the answer should be given by a husband after seeking time (adjournment) for a simple reason as stated in your own brief
J .
2. Send money for her and child as per your status.
3. Join a meditation course.
4. Concentrate on your career.
5. Start savings for your child.
6. Start savings for eventual bouquet of family law cases servicing in near future.
If she is young she will never keep quite for that long a period and ultimately she has to move for chamber meeting with her adv. to file crl. / civil cases under societal read with peer pressures.....

Nothing as "FDA approved legal tonic" can be stated for this query is my modest opinion other than above 6 pointers as we feel you are well read of family laws posts.

Hence, nowall the best to a father and a child !

1 Like

Tarun Thakur (advocate)     28 June 2011

The result of all the matrimonial proceedings is ultimately the compromise. It is suggested to u that either try to bring her back home by intervening the respectables or get a divorce by mutual consent. The wife will never discard any lumpsum monetary compensation in lieu of the divorce.  make an agreement to purchase your happiness... Regarding Kid also bargain with her in terms of monetary value.

2 Like

Shashi Kiran (Self)     28 June 2011

Thanks everyone !!

Is there a way to be better prepared for the ineviatbles if I go for RCR. 

e.g. can I get an anticipatory bail because I'm about to file RCR and she will mostly respond with 498A or others.

Are there any Legal Insurances for this? 



P Roychaudhuri (Advocate)     28 June 2011

In case you wife has threatened you with a police complaint  for filing  RCR, please intimate the same to the police and keep an acknowledgement of the intimation. This will help you at a later stage in case she files a complaint againtst  you.

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