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Fight for justice (Consultant)     17 January 2014

Wife is not staying with husband for a period of 2 years.

Dear frontier,

My wife is not staying with me for a period of 2 years. I have no contact of her. 2 yrs back her father has told a preplanned story and taken her daughter to his home.We tried to bring her back multiple of time but she is not even present at her fathers residence.We dont have her contact details. Only I can see her different style of photoes in social network.She is not even wearing SINDUR , CHUDI what a married woman not supposed to do.

I have overaged parents and we are in deep truma due to her behaviour .please some one help what isa the best way to deal with this situaion.we are scared to take any leagal action to avoid any false 498 A or any criminal caase against us.Please let us know if we can file Sec9 for this case.

 

Thanks

Abhi



Learning

 19 Replies

Need Help... (MIS-Executive)     17 January 2014

How many years had for your marriage... ? 2 Years sepration ...we understood.....

1 Like

Fight for justice (Consultant)     17 January 2014

3 years completed out of that she has stayed with me for 2 months .I was working in abroad and she didnt have passport hence was atsying in my native place.

I have observed that during her stay in my native almost all the time she used to go to her native.

Fight for justice (Consultant)     17 January 2014

3 years completed out of that she has stayed with me for 2 months .I was working in abroad and she didnt have passport hence was atsying in my native place.

I have observed that during her stay in my native almost all the time she used to go to her native.

Fight for justice (Consultant)     17 January 2014

India law is very much womencentric..woman are now a days filing wrong case against their husband family..

.i would appreciate if some one could provide me a safer way to deal with this situaion.

Adv. Chandrasekhar (Advocate)     17 January 2014

From when you have been staying in India and if you are interested to salvage your marriage, file RCR case u/s. 9 and after getting decree also, she will not turn up to matrimonial home, file divorce case one year after RCR decree.  You cannot rule out the filing of S.498--A complaint and if she files so, you have to contest it on merits.

1 Like

Fight for justice (Consultant)     17 January 2014

Its been a year I am in India. What is the next step after filing section 9 A.What would happen if she will file 498 A after i file section 9.

Adv. Chandrasekhar (Advocate)     17 January 2014

Pursue S.9 case and contest S. 498-A if he files and bring finality to the matrimonial relationship either way.

Kapil Chandna (Lawyer at Supreme Court of India)     17 January 2014

Dear,

You cannot anticipate anything and then file the suit, if you want her back file RCR.

Advocate Kapil Chandna

9911218741

T. Kalaiselvan, Advocate (Advocate)     17 January 2014

As you said that you do not know about her whereabouts as on the date, but find her in different costumes in social net works, you seem to be worried about her chastity and also  have your own doubts about her fidelity because it is more than two years that she left your company or you both live separately.  Under such circumstances, even after she is coming back to the matrimonial fold as a result of your legal process, do you think that all your suspicions about her will get eradicated despite she gives a clean slate about her character and she behaves perfectly because one or the other day when there is little spark in her behavior, the demon called suspicion which was dormant in your self will wake up and start dominating you for more problems.  Thus, if you have decided about discarding her and breaking the matrimonial relationship once and for ever, do it now, dont bother about her criminal complaints because in the event of any legal course of action you adopt, she may resort to such a decision, anyway you have to face it, so do it now instead of wasting more time unnecessarily for her return which will turnout to be a futile exercise.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     17 January 2014

DEAR MR. ABHIJIT 

                                 THE SUGGESTIONS GIVEN BY SENIORS TO FILE RCR IS THE CORRECT WAY . BECAUSE YOU YOURSELF ADMIT THAT YOU WERE WORKING ABROAD AND YOUR WIFE DID NOT HAVE A PASSPORT AND ALL WILL NOT WORK . IT IS EASIER TO GET A PASSPORT EVEN 20 YEARS BACK . YOU DID NOT WANT TO TAKE HER BECAUSE YOU HAVE TO FIND A SEPARATE HOUSE WHICH IS COSTLY IN MANY COUNTRIES . BUT AT THE SAME TIME , YOU CANNOT EXPECT YOUR WIFE TO BE IN YOUR HOME WITHOUT YOUR PRESENCE , THERE IS NO LAW FOR THIS . THIS IS ONLY A CUSTOM IN INDIA AND EVEN THAT MANY DON'T FOLLOW IT EVEN 10 YEARS BACK . BUT ONE FACT AS PER SOME JUDGEMENT  " AS LONG AS SHE IS YOUR WIFE , IF SHE RETURNS TO THE HOUSE OF THE HUSBAND AT ANY POINT OF TIME , EVEN WHEN THE DIVORCE CASE IS  IN THE COURT , YOU HAD NO OTHER GO BUT TO ALLOW HER INSIDE YOUR HOUSE .YOU CANNOT SHUT THE DOORS AND KEEP HER OUT . THEN SHE CAN LODGE A POLICE COMPLAINT ON YOU . EVEN WHEN THE DIVORCE CASE IS IN THE COURT , SHE CAN INFORM THE COURT THAT SHE WANTS TO LIVE WITH HER HUSBAND , THEN THE COURT WILL CLOSE YOUR CASE . THEREFORE RESTITUTION OF CONJUGAL RIGHTS ( RCR ) IS THE BEST WAY . - JOSEPH WILFRED - 17/01/2014 AT 21.24 HRS.

Fight for justice (Consultant)     17 January 2014

Dear Joseph

 

let me correct you that i brought her to my work location ( abroad) after 6 months  ..during her stay for 2 months with me she has returned to india .

Fight for justice (Consultant)     17 January 2014

i myself is interested to stay with her but she is not even staying at her native.after she left from abroad she never gone to my native.since then we have no contact of her.I realy dont understdn what is her intension.Initiallly i tried to contact through email ..she used to tell me that she want a job and want a free and sophisticated life...i heard from some sources that she is working some where in India...i tried a lot to get her contact but no success..It seems she has limited contact with her family as well..

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     18 January 2014

DEAR MR. ABHIJIT KUMAR

                                              YOU ARE SAYING THAT YOU ARE A MANAGER IN A BANK . I AM ALSO FROM A NATIONALIZED BANK ONLY . ARE YOU WORKING IN A NATIONALIZED BANK IN INDIA BUT HAVING THEIR BRANCH IN A FOREIGN COUNTRY . BECAUSE I HAVE WORKED IN THE HEAD OFFICE PERSONAL DEPARTMENT AND WAS ALSO LOOKING AFTER FOREIGN BRANCHES OF OUR BANK IN ADDITION TO RECRUITMENT AND TRAINING . SENIOR LEVEL OFFICERS FROM INDIA WILL BE SENT TO WORK IN FOREIGN BRANCHES BUT THE PERIOD IS ONLY 3 YEARS . IN SUCH A CASE THEIR SERVICE CONDITIONS ARE GOVERNED AS THAT IN INDIA . SO YOU HAVE TO BE A BIT CAREFUL IN DEALING WITH YOUR WIFE .

                                       BUT MY ADVICE TO YOU IS ALWAYS COME OUT WITH THE TRUTH WHILE YOU WANT ADVICE FROM SENIOR MEMBERS OF THIS FORUM . YOU HAVE EARLIER STATED THAT YOU HAVE NOT TAKEN YOUR WIFE ABROAD BECAUSE SHE DID NOT HAVE A PASSPORT . ON THAT BASIS ONLY EVERY ONE WOULD HAVE GIVEN THEIR OPINION . NOW YOU ARE COMING OUT WITH THE FACT THAT YOU HAVE TAKEN HER ABROAD , AND SHE LIVED WITH YOU THERE ONLY FOR 6 MONTHS . WHAT OTHERS WILL THINK OF YOU NOW . BUT STAYING WITH YOU IN A FOREIGN COUNTRY FOR 6 MONTHS AND THEN COMING BACK TO INDIA ON SOME PERSONAL GROUND WILL NOT STAND THE SCRUTINY OF THE COURT THAT SHE DID NOT LIKE TO LIVE WITH YOU . SHE MAY SAY THAT SHE DID NOT LIKE TO STAY IN THAT COUNTRY AND THEREFORE SHE RETURNED BACK TO INDIA .

                     NOW THE BEST OPTION FOR YOU IS TO GO FOR RESTITUTION OF CONJUGAL RIGHTS ( RCR ) . THIS IS APPLICABLE FOR BOTH HUSBAND AND WIFE . BUT YOU MUST GET HER CORRECT ADDRESS TO SERVE THE SUMMONS ON HER . UNTIL THE SUMMONS ARE SERVED ON HER AND THE ACKNOWLEDGEMENT OF THE COURT SUMMONS IS RECEIVED , THE COURT WILL NOT PROCEED FURTHER IN YOUR MATTER . SOMETIMES THE ACKNOWLEDGEMENT OF THE COURT SUMMONS WILL BE RECEIVED , BUT IT WILL NOT BE PUT IN YOUR CASE BUNDLE . IN SUCH A CASE THE COURT WILL REPEATEDLY SEND SUMMONS TO HER . YOU CANNOT ASK FOR PAPER PUBLICATIONS IN A FAMILY MATTER AND THAT TOO ON YOUR WIFE . IF THE HUSBAND IS INVOLVED THEN THE COURT WILL READILY GIVE INSTRUCTIONS FOR PAPER PUBLICATIONS .

      REGARDING SECTION 498 A OF INDIAN PENAL CODE , I WILL PROVIDE YOU WITH CERTAIN EXAMPLES : -

CRUELTY AGAINST MARRIED WOMAN BY HUSBAND OR HIS RELATIVES : - IN ANY EVENT THE WILLFUL ACT OR CONDUCT OUGHT TO BE THE PROXIMATE CAUSE IN ORDER TO BRING HOME THE CHARGE UNDER SECTION 498 A AND NOT de hors THE SAME . TO HAVE AN EVENT SOMETIME BACK CANNOT BE TERMED TO BE A factum TAKEN NOTE OF IN THE MATTER OF A CHARGE UNDER SECTION 498 A . THE LEGISLATIVE INTENT IS CLEAR ENOUGH TO INDICATE IN PARTICULAR REFERENCE TO EXPLANATION (b) THAT THERE SHALL HAVE TO BE A SERIES OF ACTS IN ORDER TO BE A HARASSMENT WITHIN THE MEANING OF EXPLANATION (b) . THE LETTERS BY ITSELF THOUGH MAY DEPICT A REPREHENSIBLE CONDUCT , WOULD NOT , HOWEVER , BRING HOME THE CHARGE OF SECTION 498 A AGAINST THE ACCUSED . ACQUITTAL OF A CHARGE UNDER SECTION 306 , THOUGH NOT BY ITSELF A GROUND FOR ACQUITTAL UNDER SECTION 498 A , BUT SOME COGENT EVIDENCE IS REQUIRED TO BRING HOME THE CHARGE OF SECTION 498 A AS WELL , WITHOUT WHICH THE CHARGE CANNOT BE SAID TO BE MAINTAINED .----

GIRDHAR SHANKAR TAWADE VS STATE OF MAHARASHTRA -- AIR 2002 SC 2078 : ( 2002 ) 5 SCC 177:

JT(2002) 4 SC 357 ; 2002 Cr. LJ 2814   . I HAVE GIVEN YOU ONE SUPREME COURT CASE IN SECTION 498-A CASE . IF YOU TAKE THAT CASE , YOU WILL GET SEVERAL OTHER JUDGEMENT OF OTHER COURTS AS WELL AS THAT OF SUPREME COURT . SO IF SHE FILES A 498-A CASE ON YOU AND YOUR FAMILY MEMBERS , YOU KEEP READY ALL THE MATTERS TO GO IN FOR A QUASH IN THE HIGH COURT . BUT YOU HAVE TO GET BAIL AND IF POSSIBLE AB BEFORE YOU GO AFTER HER . THE EVIDENCE YOU ARE HAVING MUST BE SUFFICIENT TO CONVINCE THE HIGH COURT . OTHERWISE THE HIGH COURT SHOULD NOT ENTERTAIN A PETITION FOR QUASH AND THEY WILL DIRECT YOU TO FACE TRIAL . KEEP EVERYTHING READY AND THEN GO FOR RCR .-JOSEPH WILFRED - 18/01/2014 AT 19.27 HRS .

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S.QAISAR ALI ADV. (Advocate)     19 January 2014

you must arrange to step a legal separation with her to avoid a false 498a proceeding. later divorce case can also be filed.

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