file petition for RCR
2) wife can file petition in HC to transfer petition to her city in same state
3) you can issue wife legal notice to return to her matrimonial home
Divorce/Maintenance
Dear All, Dear All, I got married with girl from relative on 15th July-2018., at that time they told that she has completed 12th and ready to continue her further education after marriage, so after marriage it is observed that she can’t read or write even Marathi, and unable to do the simple calculation of Rs.100 and unable to cook the food. So we try to teach her for four months, after that her father come to our house at Diwali and along with her father she went to her parent house. We regularly call to her about her progress and health. After that when we visit to her house on 26th Jan -2019 and asked her father about her progress then he told that there is no progress in her and he will not take any guarantee that, in future she is capable to do it. So tell what is your decision otherwise he will go to the court, so we again give him two months’ time period but after that, they call to the mediator and started to threating and demanding for money and not interested to send to her matrimonial house. They do these activities regularly and finally, when they realize that it will not happen by calling, they arrange face to face meeting and we meet on 4th Aug- 2019. At that time they also demanded money said that we are not interested to send to her. Every time our stand is the same that, we can ready to take her just teach her basic thing and finally we told that we agree to take her as it is, even though she is not capable.But still they are not ready, they only demand for money only. As I am qualified CMA(ICWAI) and I have a good salary so they along with her advocate are too much greedy for money, so teach to girl and said that, she is not interested. 1. What should be we do to bring her back and avoid their false and fabricated cases. 2. Suppose we file the case at our jurisdiction then she can transfer to her jurisdiction, how can we stop her from transferring the same. 3. What steps we have to take to avoid for our time and money loss as well as bring her back to home.
Asked 4 years ago in Family Law
Religion: Hindu
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18 Answers
Record all their threats and demand of money and not ready to send her back. Also bring out from their mouth that they concealed the mental incapacity of girl and lied about her education status.
Once you will have all such recordings and proof, can apply to declare marriage null and no money payable.
As of now file RCR petition in family court.
IF she file for trasfer of RCR, withdraw it and apply for divorce.
In response to your query:
1 & 3) You can issue notice for restitution of conjugal rights (RCR) asking her to come and join you.
2) You can file the case where both of you last resided. Yes she can file application for transfer of the case to her place.
NOTE:
RCR, if either party is adamant, it will lead to Divorce.
1.File restitution of conjugal rights section 9, do not file divorce, if she files maintenance and domestic violence case and divorce then only file the restitution case.
2.In matrimonial cases, a wife can file a case at the place of her residence. The jurisdiction lies there. An application can be moved in court for transfer of case.
3.issue a legal notice through an advocate and ask her to return .
Hi,
In a very short manner, I will advise you following things.
1) You send her a notice of Restitution of Conjugal Rights.
2) Don't worry about transfer of cases as of now.
1. You can file a RCR i.e Restitution petition before the family court mentioning that your wife left and now her family is not allowing and she is not coming back.
Also file a police complaint that the in-laws are intimidating for false cases and asking for the money.
2. See if you file at proper jurisdiction and see approach higher court for transfer same can be contested there.
3. See if mutually it is not settled RCR is only way out.
File RCR petition in family court in your district. It can not be transferred even there other party file case in another state.
File RCR in family court to get her back.
You can object to the transfer before HC when she files the same in point of jurisdiction. But being woman she enjoys the liberty to file the same at any location of her residence
Thanks to all for their reply. Actually I belong from Kolhapur, Maharashtra and she also belongs from a village situated at Parli Vajinath, Dist Beed ( Maharashtra). Actually crux of this case is that, We have not done any domestic violence with her when she was with us and in initially stage girl along with her relative also agree that we have taken good care of her and we have call recording of her aunty stating that, girls told to everyone that we have taken good care of her. Still as of date girl and her mother has no issue to sent her to our house, but big problems are that no one is going to consider their opinion. Father and her one relative are money-oriented and I think they have to fix her marriage with someone and now want only money from us. It is very clear that, their advocate take the disadvantage of law that, if the girl in court said that she is not ready to come back then no one can do anything at any cost we have to pay maintenance. The girl is not so smart not obey their relative and especially father pressure, she can say as they required. Now my problems are that I will suffer from financial as well as ethically loss, because once divorcee suffix is attached with my name then it will be very difficult for me get a good girl for second marriage,so I will suffer in both ways for mistaken done by their side. 1. If I am ready to bring her back and if she refuses, still I have to pay maintenance. 2. is there any remedy for me, as all laws are in favor of women so they taking disadvantage of that.
Asked 4 years ago
NO,
File application of family for restitution of conjugal rights.
Wife can claim maintenance from you . It would be her case that she cannot stay with you on account of acts of mental cruelty
2) you can rely upon messages exchanged with wife , audio recordings to prove that she was happy in her matrimonial house
1. Yes even that case court may ask you to pay some maintenance.
2. Aee for it would be best of she is not coming pay some reasonable amount and get mutual divorce.
If without any justifiable cause she refuses to stay with you she shall not be entitled to any maintenance. So get the RCR decree first.
This is the remedy available to you. Who said there is no remedies to husband. Issue notice to your wife to come back and stay with you as a part of her marital obligations immediately.
Thereafter file the RCR petition.
1.No if she refuses you don't have to pay maintenance in normal cases. Only in case of cruelty and domestic violence you have to.
2. Right now I have already advised you the remedy.
1. Yes you will have to still pay the maintenance
2. File some cases on her so as to create pressure on her
Put your best possible effort to bring her back, have proofs of your efforts and their refusal, they will help you.
For all practical purposes, husband needs to maintain his wife.
You demonstrate to the court with material proofs her mala fide intentions to get money from you illegally with material proofs.
Your option to take shelter under education against her is also ruled out.
Try to get as many proofs as possible against them showing their evil intentions.
Good Luck
No need to get her back because if your bring her back at this stage then they can press other charges on you like domestic violence and dowry.
You should go for case of annulement of marriage by decree of nullity on ground of fraud and misrepresentation.
By this way you can save your money as well as time.
1. You can file a RCR case to bring her back.
2. You first file the case in your place, after that if she is getting the same transferred to her place you have no choice than to contest the same from her place.
3. You cannot force her to return to the matrimonial home hence you can file the RCR case alone, the wastage of time and money cannot be avoided.
If you get a decree in your favor in the RCR case then you may express before court that you are always ready to take her back but it is she who is not interested ion returning to the matrimonial fold.
You can refuse to pay maintenance on that ground, the court if convinced my reject her claim.
Law is not in favor of women, it is just a misconception, you may fight it out because law is common to all.
You can challenge her case if your case is genuine.