At this point of time you have two options one you have to file a Restoration of conjugal rights under section 9 of Hindu Marriage Act and at the same time you can file the visitation of your child if Restoration of conjugal right is allowed by the court and your wife to not obey the court order you will have the opportunity to go for the divorce but at the same time court may allow to visit the child as your wife is working so there is no question of maintenance but in case child is living with the mother which is very eminent till 5 Year of the age you may have to pay the maintenance for the child
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I have married on 30th April 2017 at Temple near Kanchipuram Tamilnadu, it was an arranged marriage, from my side we were around 60 peoples & from wife side there were on 7-8 members. We had an reception in Bangalore on 1st May 2017. For both of us it is our 2nd marriage we both are working. After 2-3 months my wife & their parents were rudeless & they were not giving any respect to me & my aged parents. Everytime their parents use to tell her to come to their home, we dono't have any fight & she not put any food & look after anyone. My mom was telling her don't take care of us u take care only ur husb&. Her mother use to tell very vugular language to me & mother. She use to tell I didn't to sent my daughter to look after u & ur parents. She even do not cook or do anything morning 8:15 am if she goes to work & come back only at 6:30 PM evening. My mother is aged about 65 years & father is 85 years. My mother use to do & put lunch box for both of us. I use to make all the works in home & run to my office. My mother is counting her days. After elders meeting she came back home during July 2018 & we had an BABY Boy on 9th Aug 2018. He is almost 11 months. Now she & her parents are not allowing us to see my baby. Her parents came to my home on 8th May 2019 around 8:40 pm & they ate everything & informed me that they will take me wife for some day to take rest. I told them I am not objecting to take her but everytime after taking her u will do an high drama & never sent back. Later her father & mother stayed in my home till 15th May 2019 & again in the morning they came back & told they will take her. I told them we can visit our local police station & give in writing & take her & back & get back her on 22nd May 2019. But her parents refused. We believed on her & we have sent both of them.I used to call her on daily basis & asked how is she & baby. On 22nd May 2019 I called but she refused pick the call. Later in the evening around 7:30 pm I once again tried & she picked up & informed I can't come u do what ever u want. Later I informed my mother that she is telling like this. Later we booked a cab & we went to their home around 8:30 pm before entering her father has kept 9 peoples outside. Myself, mother, father & my aunt we went inside & my mother was eager to look for my baby, but when mother entered my wife pushed her & didnot give the baby. Immediately her father has pushed me & my mother & her father mother, wife & 3rd person has hit my father & full of blood. They pushed us out & we were helpless & after some time they immediately went to the police station & I was doing first aid to my father & my friend myself went to station & police informed me don't call them or disturb for 1 week . We informed the station about what has happened & they called up her father & my wife & explained everything & live with husband. it is almost 3 months I am not able to see my baby and wife is telling I cannot come. Please help me how proceed with lokadalt case
Asked 6 years ago in Family Law
Religion: Hindu
16 Answers
If you want be with her only in future you can file petition under restitution of congual rights in family court. You xam also file custody petition too. If you want to divorce her then you can file the same after showing one year separation
If you want reconciliation with file petition for RCR under section 9 of HMA
seek viistation rights for your child
Minor child, under the age of 5, are committed to the custody of mother. but father can gets rights of visitation you can file the visitation of your child and also file section 9 RCR, incase if your wife refused, you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the court orders.
Thanks for the reply, Both of us are 2nd marriage please confirm if i file petition for RCR under section 9 of HMA in lok adalat. If my wife is not coming and stay with me what I should take next step. I need to put a strong petition and I think this should not happen to anybody else. I need to teach them a lesson to her and her parents that Marriage is not a Business and get my wife and baby to my home. Myself and aged parents are suffering day by day for not seeing the baby. Next month 9th Aug 2019 is 1st year birthday, please help me.
Asked 6 years ago
You can file section 9 RCR if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree. If she does not appear during the proceedings the divorce decree can be awarded ex-partee.
She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony.
This is not material that this is your first marriage or second marriage you have to file a regular rcr in the court and in case it is coming up in Lok Adalat then you have to join in case your wife do not appear in the court after few hearing code will allow the rcr in your favour.
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Dear Sir,
It is better to file Restitution of conjugal rights against your wife in family court.
If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
- she can file any case as she likes
this RCR will dilute the seriousness of her cases
3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce
- You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a competent court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
Better file custody application in court , at least your will get visitation rights. Filling RCR good options as this will save you from false cases if she filed that she willing left you.
It has to be filed in family court and not in Lok adalat
2) seek interim visitation rights for your child
Your petition will be decided on merits by court and court will admit or reject it. Your custody or visitation rights will be given to you in the mean time.
Sir lok adalat will not help you for the event wherein your family was injured ans severely pushed. By them proceed for FIR against them and further for the visitation / custody of your child you need to file a petition before the court.
Further for your wife if you want her back file a restitution petition in the family court.
RCR has to be filed before the family court.
You have to.seek divorce from her if she is not ready to come back.
See for child you can reach out to the court if wife doesn't want to come back you cannot force her.
RCR has to be filed before the family court.
You have to.seek divorce from her if she is not ready to come back.
See for child you can reach out to the court if wife doesn't want to come back you cannot force her.
You know the very important thing that father is the natural guardian of any child during his life time and after father mother becomes the natural guardian.
and another thing that mother can not keep her child with her alone without a court order or consent of the father. If she does this it will amount to kidnapping your child.
you go to magistrate and take order for keeping your child with you or atleast for viisiting right since the child is still now a baby.
After getting decree of restitution of Conjugal rights you can not force her to come to your home. No police station and no court will catch her hand and send her to your home. You can file application for execution of decree in court to attach her property if she has got.
Moreover you can file a case under Guardians and wards Act for custody of child but court will not grant custody but will permit you to meet the child weekend .Court will not give absolute custody
What is the case you think you can give in lok adalat.
She may not turn up to lok adalat at all then what will you do?
If she refuses to accept your offer at lok adalat then you cannot do anything except to file a case in the court.
Alternately you can file a case for child custody and seek visitation rights as an interim relief.
For this you need not file a divorce case.
The RCR case may not fetch you the desired result even after you getting a decree in your favor after a trial for more than two to three years.
She cannot be forced to live with you if she is not willing to do so.
She seems to be adamant and her mother and father are arrogant hence you may not get any relief even if you file a RCR case neither she can be forced to live with you.
The lok adalat cannot force her to live with you, they just can mediate and try to solve the problems, but if she is not cooperating then you may not get any relief.
You may discuss with an advocate and take a proper step but dont take any step in haste, you may remain silent for the time being and watch the developments and for the ripe time for any action that you may propose to initiate.