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eternity (SSWE)     24 May 2015

Wife not returning from parents home, should i send a rcr ?

Hi I got married 50 days back. After first 3 days of marriage we had our first night at my In-laws place. After that my wife did  not come to our home for 2 weeks and talked to me only over phone. I was surprised by this and told her I was not interested in phone relationship and she should come home for any further discussion. She did return but this time stayed only for 5 days and again went back to her parents place. In between once my mother in law came to our home alone threatned my mother, tried to assult me and demanded that we stay sapertly  from my parents for this marriage to work. Its been 4 weeks since she left, My parents sent a mail to My Inlaws to arrange for a meetup including elders from both sides. In reply My father-in-law stated that he was busy and cant meet us and didn't mention any further date for commnication.  I talked to my wife couple of times in betwen assured that we can live saperatly after some time as I am little stressed now from marraige expences and I am sole earner for my family. What are my options here ? should I file for RCR ?



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 44 Replies

saravanan s (legal advisor)     24 May 2015

even if you file rcr she would refuse to attend the proceedings.in that case you will get a exparte degree which she might refuse to honour.if she doesnt join you in a year from the rcr decree it becomes a ground for divorce.

if she attends and the decree goes in her favour also she wont join you.so whats the use in filing rcr?

better wait for a year and then file for divorce straight away on grounds of cruelty.try to gather evidences.

fighting back (exec)     24 May 2015

filing of RCR is a direct invitation to cases like 498a and DV. wait paitently. watch her moves. send her SMS;s and emails to join you back, let her send her replies to you, you can use these messages as proof that you had made attempts to get her back to you without invoking any legal steps. also, if she is working, collect her appointment letter copies and bank statements. this will save you in future maintainece cases. if you sense any wrong moves from her side, file a written detailed application with mediation centre of the womens cell. this will quash her move to trap you in future cases...............

innocenthusband   25 May 2015

You have been hoodwinked into a fraud marriage. No father in law is busy to not meet you and your parents. It seems your mother in law rules the household and the father in law is just someone who parrots what the MIL says. Did you wife marry you for the money? Because it does look that way. Is her social status lower than yours? Remember, you are the man of the family. She is married to you, not the other way around. Send registered letters to the women cell, district police commissioner and her parents regarding this deliberate act of sabotage of marriage. Secure yourself before the divorce notice reaches your house asking for alimony. From what it seems the marriage was conducted for the sole purpose of getting alimony.

eternity (SSWE)     25 May 2015

Thanks for your valuable suggetions. innocenthusband you are right on  point. My wife is a employee and she has taken a loan of 5L for the purpose of marraige and in a way she wants me to clear the loan, we are better of then my wife's family. I will send the mentioned letters to concerd people and will update you.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 May 2015

Just 50 days of marriage is too early for legal remedies.I feel UR problem is not that alarming for a legal solution.Proper mediation from both the sides may yeild a favourable result.

Sudhir Kumar, Advocate (Advocate)     25 May 2015

RCR is a time tested tool for husband to ensure himself to be in jail lunder charges of dowry demand.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 May 2015

Dear Author U have not replied me

innocenthusband   25 May 2015

Originally posted by : Rajesh
Thanks for your valuable suggetions. innocenthusband you are right on  point. My wife is a employee and she has taken a loan of 5L for the purpose of marraige and in a way she wants me to clear the loan, we are better of then my wife's family. I will send the mentioned letters to concerd people and will update you.

Ensure your discussions with her and her parents are recorded. Allow them to make statements which you can use to prove yourself as the innocent party. This woman cannot be your wife. If you do plan to take her back, remember that the next plan would be to have your child and then use the child to blackmail you. Stay safe from such predators.
Originally posted by : SAINATH DEVALLA
Just 50 days of marriage is too early for legal remedies.I feel UR problem is not that alarming for a legal solution.Proper mediation from both the sides may yeild a favourable result.

If I'm not mistaken their married life together has been for just 8 days. 8 days out of 50 days means the marriage is dead. No point in looking for any mediation. It is only a matter of time before he gets a 498A and divorce notice on his head.

Shantanu Wavhal (Worker)     25 May 2015

dont do anything right now ...

sit back and wait for her false cases.

then fight the cases and get acquitted.

 

let her go to hell.

eternity (SSWE)     26 May 2015

Sainath we even tried for mediation but they are not interested in that. our plan right now is to inform local PS and women cell about their actions. I will not send a rcr as this might lead to false cases. Lets wait and see what their next action is. Meanwhile we will keep trying for mediation as this will help us in proving that my wife deserted me and I was interested in making this marriage work.

innocenthusband even I am worried about this point "If you do plan to take her back, remember that the next plan would be to have your child and then use the child to blackmail you. Stay safe from such predators."  not sure what to do abt it.  

 

Sudhir Kumar, Advocate (Advocate)     26 May 2015

what went wrong in just 8 days

SAINATH DEVALLA (LEGAL CONSULTANT)     26 May 2015

He is not comming with true facts,it is not proper to judge hearing the story from side.

Sudhir Kumar, Advocate (Advocate)     26 May 2015

agreeing with MrSainath Devalla, I will add that

The desertionof wife took place in 8 days of marraige.  You have not stated the reason why she left.  The reason could be:-

 

(i) marriage against her wish.

(ii) Illtreatment (real or imaginary) by husband's family (which youwill never admit even if it existed because only girls parents are always wrong till they go to CAW cell).

 

reconciliation is failying and you do not intimate on which point. The reasons could be :-

(i) efforts are not sincere by any one (or both) party.

(ii) the expectation of any one (or both) party are much.

It is your choice if you want to share facts.

eternity (SSWE)     26 May 2015

Reason why she left me :

My tought they want to make me ghar jamai.

reconciliation is failing because they are not ready to even come to discusssion table. I want to put the issue among elders and solve it for good, since they know they are at fault they don't want a discusssion. If my FIL says he is busy and cant meet me how am I supposed to solve this ? Me and my father both tried contacting him he doesn't even answer his phone. 

Suppose if we go to their home and bring back my wife, and if she repeats this same drama again what should I do ?  Its a pain to go through this immideatly after marriage and that too its 2nd time she has done this.  

 


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