Hello,

you can file NC at this time also and also give notice under section 9 and call them to settle the dispute and start the marital life again. 

Regards

See you can file police NC that they are intimidating you for false cases and asking money from you and your wife is not.cmimg back. Once the court resumes normal work you can file a RCR. 

The police cannot help you in this regard.

If she is not willing to return to the matrimonial home then you may have to resort to legal action through court alone and not through police.

You may send a legal notice to her instructing her to return to the matrimonial home and offer conjugal relationship.

Yes you can send her notice if she doesn't come you can file RCR under section 9 or divorce if you don't want to stay with her

You may wait for time being to proceed .

Yes you need to wait till lockdown ceases and court functions normally

Hi, it is advisable to file petition under section 9 for restitution of conjugal rights ..Since the court are not operational,it shall only be filed after lockdown..

Respected sir...

It would be much better for you to file a petition under section 9 of Hindu marriage act For Restitution of conjugal right ..and file all that with supporting evidence such as of screen shot of all WhatsApp chat between you both where you are saying her to come Home ....for that you have to wait for opening of court ....

Thank you

You can issue notice to your wife to return to her matrimonial home as more than one year has passed since she left the matrimonial home 

2) send her notice after lock down is lifted

3) if you don’t want to stay with her file for divorce on grounds of mental cruelty 

Wait for lock down to be lifted to take legal proceedings 

1. You can file NC but no action will be taken by the police as no offence has been committed by your wife.

2. Your remedy is only before the civil court by filing petition for restitution of conjugal rights against her.

3. Presently, due to lockdown courts are hearing only urgent cases. Such matrimonial disputes are not urgent by any stretch of the imagination.

1. if you want to remain in the matrimonial relationship, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
2. if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty but it will take around 3-5 years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc

You can send the legal notice for RCR now and can file the case once court opened after lockdown

Your case is a matrimonial dispute . Police could not help you .File a case before family court.

Marriage under all matrimonial laws is union imposing upon each of the spouses certain marital duties and gives to each of them certain legal rights. The necessary implication of marriage is that parties will live together. Each spouse is entitled to comfort consortium of the other. So after the solemnisation of the marriage if either of the spouses without reasonable excuse withdraws himself or herself from the society of the other then aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. On marriage, it is the primary duty of the parties to live together for the performance of their marital obligations. This right to cohabit with each other is called the right to ‘consortium’. It is the right that husband and wife have to each other’s society, comfort and affection. 

If you have get threat from wife relatives then you may file a case against them. It is better to Wait for lock down for further actions. If possible settle the differences of opinions by amicably.

Legal Action can only be taken after the lockdown.

If you want to complaint against the extortion of money than you can send a written complaint to the police 

Dear Sir,

In the present circumstances, you are suggested to send the legal notice for her return and also file the informatroy application (NC) to the police that she has left her own, there are demand and blackmailing at her ends, threats of filing false cases etc. When the court opens, file the case for restitution of conjugal rights U/s 9 of Hindu Marriage Act.  

1. Its not clear what legal action you are thinking as for refusal of your wife to come back doesn't entitle you to file any complaint against her.

2. On the contrary during these periods and subsequently you are bound to give her monthly maintenance. 

3. So if they're demanding money the same is perfectly lawful. 

4. So either woo back your wife or on payment of permanent alimony settle the dispute by mutual divorce. 

You may not be able to take any action during this time when the courts are not functioning properly in the usual manner. 

Hence better wait for the courts to start their functions in normal circumstances. 

You should file an application under section 9. A criminal complaint against them should also be filed for criminal intimidation and extortion.

Wait forbthe court to open and then only file it.

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.

1. she can file any case as she likes
2. 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.

Ans: You may file an NC to come to your rescue. However other proceedings to be filed shall be restricted till the lockdown is lifted and or improved

What NC you will file ? Better keep record of all their demands, than you can apply for divorce and if they file any false case, these records will be best evidence of your innocence.

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- If she is not interested to live with you , then try to take her consent for mutual divorce.

- Since, she is not coming to live with you, then you should send her a legal notice to join the matrimonial life.

- If, within 7 days of time , she not response , then you can file a case for Restitution of Conjugal right , on the ground of the said legal notice.

- Further , as she and her relatives  are continuously demanding money from you and my family, hence for your safety , you can also lodge your complaint/information against her harassment & torture, and thereby mention that she is threatening to implicate you and your family in false cases of dowry. 

Good luck and dont forget to rating Positively. 

To start with you collate and retain all the messages / chats etc., to support your case.

You can issue Sec.9 notice after lock down is lifted asking your wife to return to matrimonial home and to lead marital life.

If she still persists with her demands for money, you can push for mutual consent divorce, "Preferably" which will be beneficial to both the parties money and time wise, and that, it will be win-win situation to both of you.

Due to lock down, all courts are closed but for, emergency assistance.

Thus, you can initiate proceedings after lock down is lifted.  Mean while you collate all relevant material / proofs to support your case.

1. You can lodge a police complaint alleging that your wife has left your house of her own with all her Streedhan on such and such date.

2. You can file a RCR case against her but it might not be of any practical use since no court can force her to join you even if she refuses to come to your house after being directed by the Court.

3. Negotiate with her for amicable settlement of the dispute.

1. You can file the RCR  case after court reopens but as stated in my earlier post; she may refuse to join you even if you get favourable order in the RCR case filed by you.

2. It will be prudent on your part to settle the matter amicably with her.

1. You should wait for courts to open.

2. NC with police will not be beneficial you should go for RCR petition under section 9 Hindu Marriage act.

you can file an NC application before jurisdictional police station stating all facts in details. 

You can file a restitution of conjugal rights case before Family court and if the court finds out that your wife have left without proper reason then court will order your wife to resume the conjugal relationships.

yes, it is better wait for lock down to be lifted. 

You may serve your wife with a section 9 legal notice for now; and in case she fails to comply with it, you may approach the Court as soon as it opens it after lockdown. 

1. As per the information mentioned in the present query, makes it clear that you have been tortured and mentally harassed by your wife despite many time requested to come back, but now she has started demanding money.
2. I would like to apprise you that you can file the NC, but I don’t think so it would be acted upon very soon by the police.
3. Yes, you can file the section 9 application to show that you still want to save the marriage, but the same can only be filed once court starts functionally normally.
4. For now, what you can do is to make draft of the complaint from a good legal aspect and then give the same in police station and get the diary number. It will save you from any false allegations against you or your family from your wife’s side.