Upgrad LLM

suggestions welcomed

business

what husband needs to do if wife has left his home ...now he fears that she may file false cases since she has no intention of returning to him..shud he file rcr or judicial sep becz the marriage is 4 months old and he is also now not int to continue relations anymore becz this wife cud be dangerous to him in future..she stayed with him and now leaking all the details of the family ...like there income etc..in a way shes harassing husband..pls suggest the action husband needs to take to safe guard himself and his family... 

 
Reply   
 
Advocate

I can pnly say, the best option for you is to file a RCR petition immediately. And be brave to fight the false allegations of your wife in courts if she files any case against you.

 
Reply   
 



Dear ravi,Wife can file 125 ,498 etc.But  fight for truth

you  file a case restitution of conjugal under sec9 of hindu marriage act,1955

Section 9 has sufficient safeguards to prevent the marriage from being a tyranny.

Section 9 of the Hindu Marriage Act, 1955 reads as follows:- When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by a petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly


Total likes : 1 times

 
Reply   
 
propra

Hi,

 

Mr Ravi vyas ji has aleady said that ........he is also now not int to continue relations anymore...............the marriage is 4 months old

 

Would it not be a false suggetion? to ask that whoever husband to file RCR if he is not interested to cotinue relation of 4 months .....................

 

she stayed with him and now leaking all the details of the family ...like there income etc 

Is he saying that he fears about new cases of concealment of income?

 

he fears that she may file false cases since she has no intention of returning to him (within 4 months of marriage) .........................Ooops!!

 

Boss!!.............that fellow needs a very very experienced (and rightfully expensive)  lawyer.......................................because apparently that fellow may not be fighting for the truth but trying to safeguards from likely ***** ..................

 

 


Total likes : 1 times

 
Reply   
 
health

RCR and be kind and forgiving.Dont precipitate catastrophy from ur end.

 
Reply   
 
lawyer

file RCA and get ready to pay maintenance

 
Reply   
 
Advocate

There are advantages in filing RCR as soon as the wife leaves her husband.

I can be silent by not responding to a query relating to issues where I am not sure of the procedures but I am not here to give wrong suggestions.  It is better for everyone to just give their opinion rather than pointing out at somebody's advise and say they have given a wrong suggestion. We are here to spend our time and guide people in distress even when not being paid for.  Let there be respect for each other.


Total likes : 2 times

 
Reply   
 
propra

@ Suchitra. S ji,

 

I earnestly and apologetically request you not to take it as if I made comments against you but merely to one of your suggestion out of many on the LCI.

 

I have high regard to the whole legal fraternity and lawyers.

 

Please correct me if I am going wrong and your suggestions are most welcome.

 

Man, filing for  RCR, have primarily different motives................mainly to give ultimatum of 1 year if he wins RCR.................. A woman if not like  a 'gaaay-bhaais' so one can force her to cohabit....Liberty of individual has to be respected.............

 

A woman leaves her parental home to live with husband after marriage.............

 

though the responsibiity/onus is onto her to give valid reason for 'separation' in a RCR suit,  hon court generally 'has to' be lenient to her apprehensions and can not compel her to provide evidence also...........She is inherently a weaker section.....................there is never a smoke without fire...........

 

Aur lanat hai us mard par....................... jo RCR mange............. wo bhi court me jake bheek mange ki........'biwi grihasthi chhod ke gayi hai...uuuuuse koi wapas laao!!!!!'

 

At max it proves the factum of separation on paper from a certain date whether man wins RCR or looses it....that's it and nothing more!!!!....

 

fixing of blame for separation is too far in RCR, especially if a man files RCR.

 

If a woman files RCR, its a different take altogether. Hon Court does ask her if she really want to take that gutsy step to enter back into matrimonial home irrepective of apprehensions of aftermath in that home ..if any.........

 

as well as court does look at the husband with suspision and it should..........as to why she was abandoned and asked to leave the house directly or indirectly...................... 

 

there are many disadvantages/side effects of RCR by a man, and likely chances of many other suits to follow, from the woman's side..as suggested by Tripathi ji.

 
Reply   
 
Advocate

First of all I would like to tell you that when lawyers other than me have also suggested the same thing, you should have understood there should be some meaning in their suggestion.

The advantages of filing a RCR:

Filing of a RCR helps husband to prove before the court that he wants his wife back who has left him on her own. By this his intentions to live with her can be made evident.

In case if wife  doesnt come back to him even after courts directions in RCR, it becomes easy for him to get a divorce later on.

If she files a case against him after he files RCR, court can consider the point that her allegations now against him may be false as he is willing to get her back to him. 

I really do not want to discuss more on this now. Hope I have made my clarifications as per your doubts. It is left to the person who posted this query to decide what he should do.

 
Reply   
 
LAW STUDENT

dear ravi vyas ,

first of all yaar ur marriage life is start soon and there is some time to understand both of u ?.

u know that the girl was come from there house only for his husband ?

but in the starting time boys also be not change or he is shame with there wife with them in there family he always thought that what is the father says ,what is the mother saysevery thing .

in the other hand girls feel that my husband not love me bczz of that she could not freely for the boysfamily starting time she knowsonly the guy of her husband .so these type sof problem facing in early marriage life .

MY SUGGESTION IS THAT PLZZ DONOT INVOLVE IN COURT MATTER BCZ ONCE U GO IN COURT UR LIFE IS DISTURBED SO PLZ KNOW EACH OTHER  IU BOTH OF TAKE  MORE TIMETO UNDERSTAND EACH OTHER AND  SPEND HAPPY MARRIAGE LIFE "

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x