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badshah   20 August 2015

Wife location unknown

i was married last year but it wont last more tha two months..i got married on may 2014 and from july 2014 my wife left me but i tried to bring her back through our society and held many meetings regarding this matter but my wife not attend single meeting and her family avoided too and for each meeting i have written proof that she is not willing to cooperate with me in any condition after 5 6 meetings of society i filed RCR section 9 of hindu marriage act but before the notice she flee away and i dont know where she is nor ever her family cooperating with me?so how do i get expartee in RCR case,?

do i need to pulish notice on newspaper?

-i don kno where she is ,does court consider it as she is not wiling to come?

-nor her family accepting court notice then how do i get expartee? her family is saying they dont know where she is,,they are playing games with me?

what to do please suggest  



Learning

 8 Replies

NATARAJAN IYER (Proprietor)     20 August 2015

Primafacie, going by your mention here and assuming that you are innocent,

 

You must realize that Your wife is very smart. 

 

In addition to your wife, that ONE person who is CONSULTING multiple people and bringing those ideas 

and depositing them into your wife's mind and BREAKING your family, that person too is DEADLY SMART.

 

You have to be smarter than her and her people.

 

How ??

 

I have given at the end of this reply. The Last Line. Use that strategy.

 

 

Keep blaming her family members.

 

Do not touch your wife. Maintain that she is a good and gentle woman but the moment her family members come into the picture, she behaves abnormally.

 

One Year from RCR lays the foundation for DIVORCE.

 

Your Wife and her family seem to be waiting for one year's completion and further to which the divorce exercise will go on at it's own speed and lot of drama will happen in between.

 

So, You First ensure your safety and your family's safety.

 

Arrange for cash and advocate and apply for Anticipatory Bail on the grounds that you suspect that your wife has been forced by her family members, to move away and based on their behaviour and all of their actions in the past, despite mediation by your community elders and the very fact that the RCR notice went un-accepted and un-acknowledged, it is clear that in refusing to come back to you, HER FAMILY is laying the foundation to MIS-USE women safety Laws and FALSELY IMPLICATE you and your family members.

 

___________________________________________________________________________

 

Now, 

 

Attach her photo and her family members' photo and your marriage photo and File a MISSING / KIDNAPPED complaint and name her family members as the ones who have abducted her. 

 

Do this at the Police Station. Just name her family members.

 

Within 24 hours, they will summon your wife's family members and investigate.

 

If your wife comes and issues a statement in writing that she has gone to her parents' home of her own will and that nobody has kidnapped her and that she is not willing to return to you, case is closed there.

 

IF SHE DOES NOT COME, THEN FILE A HABEAS CORPUS IN THE COURT BLAMING HER PARENTS AND FAMILY AND RELATIVES ( NAME ATLEAST ONE RELATIVE OF HERS ) AS HER KIDNAPPERS AND THE POLICE HAVE TO PRODUCE HER IN THE COURT.

 

But if she comes to the police station before you adopt the habeas corpus method, be careful since at that very spot, she can file a 498A, DV-2005, Dowry Harassment,...etc and say that is the reason she refuses to come with you.

 

That is why, I suggested the Anticipatory Bail.

 

Immediately on the spot, you will NOT be arrested along with your family members.

 

But if your wife and her family produce strong evidence against you and your family members, the cases will immediately get registered.

 

SO, BE MENTALLY PREPARED AND USUALLY WHEN YOU REQUEST, YOUR PARENTS' NAMES WILL BE REMOVED.

 

YOU CAN TRY TO HAVE THE OTHER FAMILY MEMBERS' NAMES TOO REMOVED.

 

YOU ENTER THE COMPLAINT AS THE ACCUSED.

 

For Fifteen Days, you might not get bail. Regular Bail.

 

This is not a rule, but the Man is usually troubled this way. But you might be lucky that very next day, you might get the regular bail.

 

Now after this, the regular investigation, etc happens.

 

The usual Police Activity and Legal Administration.

 

 

____________________________________________________________________________

 

NOW FOR THE MASTER STRATEGY.

' DO NOT DIVORCE '.

REMEMBER THE GAME OF ' TUG OF WAR '.

Both sides pull the rope and One side falls.

You should not fall. You should Win.

Silently tie the rope to a tree behind you and pretend as if you are pulling the rope.

 

You tie your matrimonial case to the tree of time and pretend as if you are moving with the needle of the clock.

 

She says she will NOT COME.

 

Say OK.

 

She says she WILL COME.

 

Say OK.

 

Remain Silent for TWO YEARS.

 

DO NOT SPEAK TO HER.

 

EVEN ON ONE SINGLE OCASSION IF YOU OR YOUR FAMILY MEMBERS SPEAK TO HER AND HER FAMILY MEMBERS AND FRIENDS, GONE.

 

GAME LOST.

 

JUST MAINTAIN SILENCE. Your Silence should drive them crazy and they should get curious to know what you do.

 

They will try to spy upon you, try to build false picture on multiple aspects and finally they will walk into your mind-area.

 

Now, get your wife back and slowly lock the gate to the others. Take time to do this, but do this without fail, since that is how

the Law of Nature dictates

 

" WIFE BY THE SIDE OF HUSBAND AND BOTH FOR EACH OTHER. OTHERS HAVE NO ROLE. "

 

KEEP QUIET.

 

FOR TWO YEARS, PRACTISE SILENCE.

 

WITHIN TWO YEARS, SHE WILL EITHER COME BACK

OR

SHE WILL FILE FOR DIVORCE.

 

WHEN THE MATTER REACHES COURT, DO NOT CONSENT TO DIVORCE.

 

KEEP MAINTAINING THAT YOU DO NOT WANT DIVORCE.

 

THIS WILL PULL ON LIKE THIS FOR ANOTHER TWO YEARS.

 

SHE WILL GET FED-UP AND EITHER DROP IT AND RETURN AFTER LEGAL FORMALITIES

OR

DROP THE MATTER AND REMAIN AT HER PARENTS' HOME.

 

IF YOU WANT TO MOVE ON IN LIFE, WITH A NEW LIFE, YOU CAN CONSIDER A LIVE-IN RELATIONSHIP.

 

JUST CONTINUE WITH YOUR LIFE.

 

REMEMBER THAT A THORN HAS TO BE REMOVED WITH ANOTHER THORN.

 

IF THEY PLAY GAMES, YOU HAVE TO BE GOOD AT COUNTER-GAMES.

 

WITHIN SEVEN YEARS, THE WHOLE SHOW WILL END.

 

ALL IS WELL THAT ENDS WELL.

 

ALL THE BEST.

SuperHero (Manager)     21 August 2015

Natarajan Sir - Your writings are highly appreciated. But 7 Years waiting is too long.

By that time most of them will go for good amount to settle the case or she will agree for MCD. What ever.

NATARAJAN IYER (Proprietor)     21 August 2015

@ SuperHero Exactly. That is what you have to look for. No Money and No Divorce. If wife wants MCD, husband SHOULD NOT give. This is not a cinema show to walk in and walk out whenever people feel like. If no possibility of continuing matrimonial life, then let wife seek MCD and pay money to husband and take MCD. On the MCD petition let her mention clearly that she does not want even one rupee as alimony. Till she comes to that stage, husband who would have already by now realized that the marriage has permanently collapsed, should have a live-in relationship and marry the new partner after the MCD. WHAT I AM SEEING AND MANY COLLEGE GIRLS ARE DISCUSSING HERE IN BANGALORE ( spend some time at snack joints near colleges and listen to the girls speak ). IS : " WHERE ARE ALL THE MEN ? Most of the so-called Men today have been made worse than women. Their Manliness and Qualities of a Man have been snatched by their wives and IT HAS BECOME RARE TO SEE A REAL MAN ". Obviously what they are referring to is the COMPLETE MAN, full of confidence, dynamic, bold, courageous and all such qualities which should compulsorily be present in a MAN. SO IT IS HIGH TIME MEN BECOME DETERMINED AND LAY A CONDITION THAT THE WIFE SHOULD PAY MONEY UNOFFICIALLY, IF SHE WANTS MCD. JUST VISUALIZE THIS SCENARIO IN YOUR MIND A MAN's Parents invest their youth, age, time, money and energy to make their son a CAPABLE INDIVIDUAL. Over night the wife and her gang reduce him and his parent's 30 years effort to ashes !!!!! I have seen Men go psychologically sick Mad during proceedings and Mad after divorce. All their efforts WASHED OUT by some SICK WOMAN AND HER GANG, in one shot !!!!!! Hmmm... His parents die, family breaks, all separate and the CHAIN EFFECT in all areas of his life !! All because of One Sick Woman and her Gang ????? Wife STUDIES HUSBAND AND LATER BLACKMAILS Husband THINKS ONLY OF SEX AND LATER BECOMES WEAK AND ONE DAY COLLAPSES AT THE HANDS OF THAT SICK WOMAN AND HER GANG. As a society, we are really seeing DANGEROUS HAPPENINGS. It is high time MEN wake up. Last week, at a gathering the Chief Justice of the Karnataka High Court has expressed his disapproval of 498A and DV being misused by Women. Men have to WAKE UP or else they might witness foreigners invade India through multiple methods and snatch Indian Women and create a Huge Red Light Area. So, Indian MEN have to wake up to REALITY TIME AND AGE DO NOT RETURN

SAINATH DEVALLA (LEGAL CONSULTANT)     21 August 2015

Dear Querist,

The act of the inlaws after performing the marriage of their daughter with pomp and pleasure,spending tons of money,finally encouraging their daughter to defy the matrimonial home.U have given UR version,which is one side of the coin.U have not mentioned the reasons that compelled her to leave the house after just 2 months of marriage.I presume it was an arranged marriage.U say that mediations have failed as she has abstained from attending.U can't file a case for desertion as it is too early,the period should be at least 2 yrs.

 

A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other. A husband or wife can file a petition for restoration of their rights to cohabit with the other spouse. But the execution of the decree of restitution of conjugal rights is very difficult. The court though is competent to pass a decree of restitution of conjugal rights, but it is powerless to have its specific performance by any law.At present as per the provisions available under the Indian personal laws.

Make sure that she has not gone to the extent of filing other dreaded cases available at her disposal.

 

badshah   21 August 2015

Thank you all for your valuable suggestion

1)if court notice will return undelivered many times then  when will court usually give order to notice publication?

2)i know that she n her family members will not accept the notice and i want to know that if  anyone of her family members accept that notice(not my wife) still then ,my wife not appeared in court whether it is consider that she is not willing to come ? and court proceeds with exparty RCR?

3)i have proof for all the society meetings(in written and in letter head),does it add value to RCR and all related case? 

4)what is habeas corpus?n how to file that case? n what are the pros and cons of habeas corpus?

Thank you again for all your replies

SAINATH DEVALLA (LEGAL CONSULTANT)     21 August 2015

If she does not respond to the courts order by absenting herself,the order will be passed expartee.

Suits for the recovery of the wife, or for restitution of conjugal rights, must be instituted within two years from the time when possession or restitution is demanded and refused by Execution. The cause of action consists in the wife absenting herself from her husband’s house without his consent and it must therefore be deemed to arise at his house.

UR case does not attract heabeas corpus.If she does not cohabit within one year from the date of the expartee order,that's a ground for divorce(its UR discretion).Then U can give a paper publication with the permission of the court.

 

SuperHero (Manager)     21 August 2015

@badshah - Sorry to hijack your thread. Please go through LCI adn there are several cases related to yours. Wish you Good Luck.

@Natarajan Sir - Thanks for another response where you have mentioned what is happening in a metropolitan city like bangalore.

I have heard few families of Men where they were literally shattered agree with you on that point.

And Girl giving money for an MCD. I guess highly impossible and I haven't heard of any case so far. 

I heard one case where the Girl mentioned she didn't take any alimony nor demanded such thing from the boys side, even though the mistake is on the boys side(infidelity).

There are some men where his Heart wouldn't agree for a Live in relationship before he gets divorce. Okay that is a different scenario.

NATARAJAN IYER (Proprietor)     22 August 2015

@ badshah

 

please go through the content of this link. HABEAS CORPUS can be resorted to.

 

read the contents thoroughly.

 

https://www.kaanoon.com/10398/matrimonial-dispute

 

 


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