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

Page no : 3

Sudhir Kumar (Retd Govt Officer)     27 May 2015

There is only one word which can describe your inlaws and your wife.

facts are essential for ageeing or disagreeing with this observation.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 May 2015

I think this query can be concluded with the last reply given by Mr.Sudhir Kumar.I don't find any concrete substance to keep on extending as it is turning out into a public debate.The Querist has received ample suggestions from all the legal experts.

innocenthusband   27 May 2015

Originally posted by : Sudhir Kumar



Originally posted by : SAINATH DEVALLA



There are 2 valid points mentioned by the author.(1) Loan of Rs 5lakhs taken by wife for the purpose of marriage and asking the husband to clear it.(2) Ghar Jamai aspect.

Either clear the loan or join my house as Ghar Jamai.(these things only if the author is sincere in presentation)

 





He has also stated that

"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."

 

He has been given offer of reconciliation.  He is not narrating the background why all this happened in such short time. How his family provoked his in laws to that extent  --- this he has to realise if he wants reconciliation to work.

Is this what you call an 'offer for reconciliation', by threatening? Do you understand that he has married that woman's daughter and that she has no moral or legal right to 'offer' any reconciliation of any sort? He is married to his wife only and the HMA defines relationship between legally wedded husband and wife ONLY.
Originally posted by : Sudhir Kumar
The wife and her family are refusing to answer the husbands calls and refusing to discuss. What has the husband done to receive this treatment?

The need is to understand why they are behaving so.  They may be justified or not justified.  It is the full facts which will dictate so. Desertion in 8 days is strange.  It could be either marriage was not according to her choice or she has found (rightly or wrongly) matrimonial home not condusive to live.

 

"Desertion in 8 days is strange" - that's exactly such a strange thing called 'desertion' is one of the major points that can lead to the judge granting divorce to the husband. To you it might sound strange, thankfully the law doesn't see it any other way and will release the husband from such a 'sham' marriage.
Originally posted by : Sudhir Kumar
Live your life with dignity and do not give any chance to a woman who has only spent 8 days with you. Just because you married her doesn't mean you are indebted to her.

The period ofliving togather is not relevant. The marriage is complete and binding and you are bound to maintain her without /without divorce,  with/without livign with you fo the entire period of life (till she ramarries with/without divorce), unless you are able to show that her desertion is unjsutified. It is the law only which will help you not the emotions.  For suggesting how the law can help you or harm you the facts are esential.

 

 

The marriage is not binding once the woman deserts the matrimonial household and is proven in court as willful desertion, which the original poster has been making clear time and again. There is NO justification in the world for the woman to desert the husband unless he has physically/s*xually/mentally assaulted her. If that was the case his wife/her father would've approached the police, instead of not answering the phone and ignoring his son in law. The fact that they forced the son-in-law to approach the police station within 50 days of marriage proves that the husband is not the one at fault here.

Sudhir Kumar (Retd Govt Officer)     28 May 2015

someone said

 

"The marriage is not binding once the woman deserts the matrimonial household and is proven in court as willful desertion, which the original poster has been making clear time and again. There is NO justification in the world for the woman to desert the husband unless he has physically/s*xually/mentally assaulted her."

 

If we were living in Taliban ruled Afghanistan then wife could be jailed for leaving husband on whatever be the reasons.  Physical beating of husband cannot be the alone reason for her to leave.

 

In Hindus the Taliban rule (though some persons wish it should be) does nto operate.  Even in Indian non-hindues also it is not valid.

 

A hindu marriage becomes valid and binding once the ceremony is over.  She has a right to come back and he has no right to stop her.  The marriage will continue to be binding till divorce is there. This is what the law sayd though emotions may dictate otherwise.

eternity (SSWE)     28 May 2015

Ghajini (SSE)     28 May 2015

Good job eternity you are on right track

For everyone who is asking what happened to MIL, wife that they are behaving like this, eternity is giving them chance to come and open up in police station.

 

sandeep (pvt service)     28 May 2015

it is a standard procedure nowadays that any husband who files RCR has to bear the onslaught of dv and 498 so it is better not to file RCR

innocenthusband   29 May 2015

She has a right to come back and he has no right to stop her.  The marriage will continue to be binding till divorce is there. This is what the law sayd though emotions may dictate otherwise.
Originally posted by : Sudhir Kumar

The marriage is not an institution which is like some restaurant where one comes and goes at will, like you imply, which because of act of marriage, allows ether party to do what they choose. If either party violates the matrimonial duties set under the HMA either party has the right to divorce the spouse. Desertion is hence considered as a deliberate act of breaking the institution of marriage, and no matter how many examples and comparisons you make with the Taliban and bring emotions into this will NOT hide the fact that the wife has abandoned the husband here after 8 days of marriage. His mistake of marrying that woman does not mean he lives in his house with his door wide open for her to walk in any time she chooses, like you mention here.

Sudhir Kumar (Retd Govt Officer)     29 May 2015

Originally posted by : innocenthusband


Originally posted by : Sudhir Kumar



She has a right to come back and he has no right to stop her.  The marriage will continue to be binding till divorce is there. This is what the law sayd though emotions may dictate otherwise.




The marriage is not an institution which is like some restaurant where one comes and goes at will, like you imply, which because of act of marriage, allows ether party to do what they choose. If either party violates the matrimonial duties set under the HMA either party has the right to divorce the spouse. Desertion is hence considered as a deliberate act of breaking the institution of marriage, and no matter how many examples and comparisons you make with the Taliban and bring emotions into this will NOT hide the fact that the wife has abandoned the husband here after 8 days of marriage. His mistake of marrying that woman does not mean he lives in his house with his door wide open for her to walk in any time she chooses, like you mention here.

GOOD EXPRESSION

One has to seek divorce (in cinema it hapens in two minutes) by conving the court that it is justified till such time the marriage is binding.  He has no right to shut doors on her.

Choice is his the way he wants to go.

innocenthusband   29 May 2015

Originally posted by : Sudhir Kumar



Originally posted by : innocenthusband





Originally posted by : Sudhir Kumar



She has a right to come back and he has no right to stop her.  The marriage will continue to be binding till divorce is there. This is what the law sayd though emotions may dictate otherwise.




The marriage is not an institution which is like some restaurant where one comes and goes at will, like you imply, which because of act of marriage, allows ether party to do what they choose. If either party violates the matrimonial duties set under the HMA either party has the right to divorce the spouse. Desertion is hence considered as a deliberate act of breaking the institution of marriage, and no matter how many examples and comparisons you make with the Taliban and bring emotions into this will NOT hide the fact that the wife has abandoned the husband here after 8 days of marriage. His mistake of marrying that woman does not mean he lives in his house with his door wide open for her to walk in any time she chooses, like you mention here.





GOOD EXPRESSION

One has to seek divorce (in cinema it hapens in two minutes) by conving the court that it is justified till such time the marriage is binding.  He has no right to shut doors on her.

Choice is his the way he wants to go.

He has every right to shut the door on a woman who deserts him and approach the court with application for divorce. Thanks for letting us know that divorce happens in movies in 2 minutes.

SAINATH DEVALLA (LEGAL CONSULTANT)     30 May 2015

Gentleman querist,

At the end of this lengthy query,I conclude that U are not the victim as per the contents of the query,  this is just a fictitious post only to gain knowledge and nothing else. 

eternity (SSWE)     30 May 2015

Mr SAINATH DEVALLA last post by you is to extract personal and confidential information from me. Nice try dude. I have sent PM to couple of guys who I found are credible and not seeking detials which compramise my identity. Any way this forum was very helpful for me. Thanks for your help. 

SAINATH DEVALLA (LEGAL CONSULTANT)     30 May 2015

Wish U all the best in UR future endeavours.God bless U to come out unscathed in all the legal hurdles put across by UR beloved wife.

Sudhir Kumar (Retd Govt Officer)     31 May 2015

some said

"He has every right to shut the door on a woman who deserts him and approach the court with application for divorce. "

 

she hs not gone to court  with divorce application. Given facts indicate that she is willing to live togather with him.

she is likely to file DV case and 498a. There is nothing in law that dowry victim is forced to leave husband's house.  Not allowing her to enter adds to domestic violence.  A non-taliban regime puts no disability on wife and sheds none of her rights if she takes shelter of law meant for her (though for safetey reaosn women do not prefer to live in the same house).

It is he who will suffer whether guilty or not.

 

 he has not stated (i) why she left in short time (ii) why her MIL was provoked to threaten in such short time (iii) why they are insisting upon his staying seperately (which he will ultimately agree)

 

His islence indicates that he is on thewrong side anc acan save marriage from breaking

Ghajini (SSE)     31 May 2015

Some said

"His islence indicates that he is on thewrong side anc acan save marriage from breaking" 

Hahahaha, Just cant stop laughing on such an immature thought and decison making as if the author is answerable to ppl here. People here come to take advise and not to prove their truthfulness to "some" people here.

For proving oneself right/wrong courts are there right? and one who has decided to move to court always knows that he/she has to prove under law.


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