The question is whether you want to bring ur wife back to ur home? If yes, then first of all, you contact a lawyer and send a legal notice for restitution of conjugal rights through ur lawyer and demand ur wife to come back and join ur company.. If ur wife doesn't come back or sends u a negative reply, then you may file a suit for restitution of conjugal rights and bring her back.
About my wife and baby
Hello sir , i m married to a girl in 1st june 2017 and now my baby born on 2nd april 2019 . my wife and me leaving seperately in bangalore until my wife pregnancy confirmed . their after i told to her to take rest in her home for some days then after 5th month i ll take to her to my native and to be stayed in my home until baby shower function. in this time i got the job opportunity in my native and i m planning to shift to my native but this has been not allowed by my wife parents their started to fight with me in public and telling their will not allow my wife to stay with me and my wife also not treating my parents in good manner. after this my wife parents all this happening because of my parents only and my wife started to talk about them very vulgurly and in bad ways but still i m calling her to stay with me in my native home but she ll not come and their tempting me also and i also talked in bad words in some time . after doing tempting their will record my call . i fight hard with them and finally i bring my wife to my home but she is gud for some days due to my grandmother unfortunate death the baby shower function has cancelled then in next two days she done a big fight with my parents and beaten them all including me but she told she not beaten and reveresed we tried to beat her like that . and her dad came and take to her home . we send both of them in gud way . on 2nd april boy baby born and my wife dad informed to us like a far relative in phone and my wife admitted to hospital on 1st april only so i got angry and i scold my wife dad . and me and my parents went to see my baby boy but my wife parents not given any respect to my parents and their are leaving my parents to see my baby their are not giving visiting pass to my parents to see the baby after that i taken permission from hospital doctors their only given special permission to my parents to see the baby . on 5th april morning i went to see my baby but my wife mother taking my son to scanning she only told their is some problem to my baby but she ddnt told anything properly after some time my wife brother and mother make big fight with me in hospital and beaten and injured my face very badly . then their reversed and tell to my wife and to her father that i beaten her mom like that and my wife father started searching me and threatening to me and my parents if i get to his hands he will kill me . but i came out of hospital with my friend and taken first aid treatment in near by hospital . next day my mother called to my wife father and she spoke about my injury and asking why your wife and sons done like this to my son . but for that my wife father telling take the baby from them and we will face in court .i m not taken single rupee dowry from my wife parents and what their put gold to her also their only keeping and i put gold to my wife that also with them only . but finally i want to lead my life happily with my wife and baby and my parents please give my suggestion
Asked 5 years ago in Family Law
Religion: Hindu
17 Answers
still my wife parents told to me not to see my wife and my baby . if i go to my wife home their threaten to kill me sir. i need justice in this . i ll take care my wife and baby happily . please suggest me the remedies i want to see my baby . i have lot of care and love on my wife and my baby .please help me
Asked 5 years ago
in her family my wife two cousin sisters are divorced and married one sister to a blind man and other sister still searching a groom.but my wife parents are spoling their own daughter life only and my baby son life also .please advice to my wife to leave with me and my baby her name is shubhashree harish and contact no is [deleted] . please counsell her to know about her and bless us to leave happily with our baby son life long THANKING YOU
Asked 5 years ago
No need to bow down just file a section 9 RCR
Hi, it is advisable to settle the matter amicably with talks as legal proceedings will worsen the situation.. If nothing works out , you should register a FIR against them for beating you under section 323 and 506 IPC for causing hurt and criminal intimidation..
You can file harrassment case against the said people who are influencing your wife
File petition for RCR in family court
2) seek joint custody of your son
3) court would award you visitation rights at least
Record your in laws threats
2) file police complaint against them for criminal intimidation under section 506 of IPC
3) contact a local lawyer
In the event any false dowry harassment case is filed apply for and obtain Anticipatory bail from sessions court
Dear Sir,
You may file Restitution of Conjugal Rights petition against her immediately.
You must know the troubles on filing divorce petition which are as follows.
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FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..
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Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
- What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?
Ans: Yes, definitely. Then she is entitled for monthly maintenance only.
9.What is the difference between alimony and monthly expenses ?
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?
Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.
11.Whether she can do any police complain against me or my family ?
Ans: Yes. But now Supreme Court given several instructions to police before arrest.
12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?
Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC
13.Can she harm me and family by putting false alligations ? How to take precautions for all this?
Ans: YES, File quashing petition before the High Court.
14.I even want to know that what are strict norms are there for taking divorce?
Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.
15.Because my wife is continuously telling me now Norms are very very strict what’s are they?
Ans: Nothing to bother, your advocate protect you.
16.Yes she is working if she is working then I am not liable for her maintenance money
Ans: Yes, your burden will be lessened to 50 to 75%
17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.
Ans: At the end given.
18.What is RCR?
Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.
19.What are Section 498A and DV Act?
Ans: Given below
20.Under this act will I get bail or not?
Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.
21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?
Ans: No, law does not permit.
22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?
Ans: to her account.
22.What is Special marriage act and Indian Divorcee Act?
Ans: Please see below. Both applicable in India.
23.what is the procedure for taking bail?
Ans: Your advocate will tell you if you pay fee.
24.If my wife does second marriage will I be still liable to pay her monthly maintenance?
Ans: No.
25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?
Ans: You will be in jail if you marry without divorce under sectin 494 IPC
26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.
Ans: If you have money and refuse then you will be sent to jail.
27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?
Ans: yes, police create a very good story and register FIR,
28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?
Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
Section 498A in The Indian Penal Code
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
Dear Sir,
Your questions are answered as follows:
1.Can she ask me to come to her place or refuse to come to my place?
Ans: No, it cannot be. Her proposal cannot be accepted by Courts.
2.Can she file false dowry and domestic violence case.?
What punishment will be given to her for false cases ?
Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.
3.How long shd I wait for getting divorce if contested ?
Ans: About 2-3 years depending upon the tactics of other side.
4.How frequent can I get visitation rights of child and also during trial ?
Ans: Once a 15 days depending upon age and sex of the child.
5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?
Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.
6.Does separation count from the day she left or the day I stopped visiting her ?
Ans: The day she left you that is deserted you.
7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?
Ans: Yes, you are correct.
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The following are similar FAQs asked by my another client....for your ready reference.
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Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
- What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income
Dear Sir
RCR is Restitution of Conjugal Rights filed asking wife to return home
If you have filed application for RCR it indicates that your desire that you want to save your marriage and you want your to wife stay with you.
If inspite of court orders your wife refuses to stay with you then it shows that you are sincere in your effort to save your marriage.
The domestic violence and dowry cases filed by your wife would be more an after thought.
Inspite of court orders she refuses to stay with you, then you can file for divorce.
i dont want divorce from my wife i want to leave a happier life with my wife and with my baby son.
Asked 5 years ago
file petition for RCR if you dont want to divorce your wife and want to stay with her
If you want reunite file section 9 and settle the dispute amicably.
Dear Sir,
Dear Sir,
If you have filed application for RCR it indicates that your desire that you want to save your marriage and you want your to wife stay with you.
If inspite of court orders your wife refuses to stay with you then it shows that you are sincere in your effort to save your marriage.
The domestic violence and dowry cases filed by your wife would be more an after thought.
Inspite of court orders she refuses to stay with you, then you can file for divorce.
Best of luck
For the present it would be advisable for you to remain calm and do not take any legal action on this.
It is not the right time to agitate or to quarrel with them or to take any legal steps against them.
You may wait for at least 6 months period so that the child also grows a little and then decide about taking her back by filing a RCR petition before court if the things are not improved until then.
Your anger may jeopardize entire efforts.
If they dont allow you to see the child then you may appraoch court with a child custody case and visitation rights as an interim relief.
You can decide about filing RCR but waiting for some more time would fetch you more fruitful result.
Firstly since you and your wife are staying separate file a suit for restitution of conjugal rights asking your wife to join the matrimonial home. Secondly also seek visitation rights to see the baby weekly once from the court and also if they threaten you again lodge a police complaint for assault and criminal intimidation against her brother and father. Send a legal notice asking her to join your matrimonial home.
