As I can think you should go for separation, for how much time will you play thia game. Get a settled life ..
If she is hiding from you , I think she z not gonna come back.
File petition under 13 HMA
You have strong grounds.
Regarding RCR
My name is Pritam, i got married on 17/02/2016, we were happily married for 3 months, in june 2016 she got a Govt Job,she was excited to join so I encouraged her to join. My father went with her for joining and as she wanted to go to her parents house, after joining he left her there. I brought her and after few days settled her at her place of posting and i went to my place of posting. She then called me and said that she is afraid alone so I called my mother in law and asked her to stay with her. The day my mother in law started staying with her, she started calling me and saying she wants to leave the job, I asked the reason and she had none, her mother would say the salary was less. So, I brought her with me. Her mother than started calling her like 12 times a day and telling her to go to their home and she will send her brother for that. I then called my mother in law and told her that i will bringing her, please dont pressurize he. I then took her to my in laws house, there they proposed me to come and stay with them and leave my parents house, i denied and told my wife to rest a few days and i will come and take her, saying that i left.After that i went three times to bring her back, called her daily but she never picked my phone or answered my messages. At last in August i somehow convinced her to come and while i took her to a dentist, her brother called me and abused me without any reason, which angered me and instead of bringing her with me after the dentist appointment, I left her with her parents house and told her to talk to her brother. After that i called her many times but she denied that her brother abused me, instead accused my parents of spreading lies about her and her family. After that my parents with our village elders including me went three more times but they refused to meet sometimes downright insulting the men including elders from her own village and even her relatives included. I then sent a lawyers notice on October 2016. She instead of coming replied that she doesnt know where to come and joined the job which she wanted to leave. For more than a year i waited and tried to contact her and convince her to come and after failing i filed for RCR on July 2017. In the second hearing in LOk adalat she agreed to come but said that she has left the earlier job and got another Govt job near her parents home, so she only can come in weekends, I agreed to that and brought her home. She stayed for two days, and when my father asked her to apply for transfer she refused.After which i took her to her place of posting and went to my place of posting. After few days she came again on 24/09/2017 took all the ornaments and left and switched off her mobile phone, changed her no and blocked me from facebook and whatsapp. Now I cant contact her, all her family members are not answering my calls. I dont know what to do, please help. Also she is the only earning member from her family, her father has a small pension,
Asked 8 years ago in Family Law
Religion: Hindu
10 Answers
Respected sir..
you can file a petetion under section 9 of HMA asking her to stay with you and you have to make your mind clear weather you want to leave with her or not in such condtions...
as per me divorce will be best option for u becouse her family members making er mind wash and she is going on a path which is shown by faily member ...
thanku
You can file a petition in family court on hindu marriage act under section 9.and court give summon for your wife and can decides your petition after hearing to live with husband. And if your wife says in court that she can't live with you than court orders for mutual mediation.
Hello,
File an application in the previous RCR for further orders. And please understand that you can not force one to live with you even if you get a Section 9 order in your favour.
Rest if you deem fit talk to her for separation and separate by filing MCD thereupon causing less mutual and legal harm to each other.
Part of opinion has been given on logical ends, without any intention to hurt your feelings otherwise the legal option has been told by me.
Regards
File for divorce on grounds of mental cruelty
2) wife refusal to stay with husband amounts to mental cruelty
3) contact a local lawyer in this regard
Waitfor sometime without contacting them to check their real intention.
This conduct of hers is really weird.
If after few weeks she does not contact either then visit her place and talk to her in person.
Something reasonably be bothering her mind.
If yes then sort this out.
It is very initial phase of marriage .hence many problems would surface which can be won over with faith, trust, patience and perseverance.
Legal recourse is not the solution here.
Good luck.
If your RCR case is still pending, move an application and apprise the court of all the happening post the 2nd mediation.
Do pairvi in this case so that notice can again be sent to your wife and the trial for RCR may commence.
Meanwhile, you may send a 2nd legal notice to your wife calling upon her to join you forthwith.
You can file the NCR in the police station of your jurisdiction about the fact that she took all the ornaments and left and switched off her mobile phone, changed her no and blocked me from facebook and whatsapp. On the other hand you can file the divorce petition before the court of law on the ground of mental cruelty or you can file the RCR petition against your wife..
Dear pritam,
I red your case and before I may suggest you some legal advice you must know that such family matters & disputes are complicated for a judge to decide in short span of time as in such cases a judge has to call for evidence from both sides & then to ponder upon the whole case which eventually means a consumption of a lot of time, which ultimately adds the frustration of parties besides the issues becoming much complicated.
So in such matters you should know that best way out is the settlement of all issues outside the court, calling upon both parties their representatives and to deliberate sincerely & seriously & then to effect a best possible agreement.
Now coming back to your case, I sincerely suggest & advice you to approach the relatives of your wife or elders of her locality & then to hear from your wife her actual intentions, her wishes or any possible Way of settlement. If anything comes out which is possible for you to agree upon then you can have it and if nothing comes out or your every effort of settlement gets in vain then of course you should file a Suit for restitution of conjugal rights or if you don't want to have her back for resumption then proceed to have your relations dissolved through a civil suit.
Hope your satisfaction.
Her intention is to support her family through her salary income.
This will not be possible if she lives with you hence she avoids to live with you anymore.
It is her ignorance that she is taking this drastic step.
She is not only ruining her future but also is playing with your future too.
You have options to either live with her by filing the RCR petition once again if the previous one was wiothdrawn or dismissed or your can file a divorce case on the grounds of mental cruelty citing her attitude and behavior as the reason for the mental cruelty.
