Restitution of conjugal rights
Hello,
I have been married to my long term girlfriend since last 4 years and its consummated. I'm 25 years old and she is 24 years old. Before that we were in 4 years of relationship, overall 8 years. We registered marriage at thane court, and stayed at our respective homes without informing anyone. And waited for the right time to come. On 10th July 2015, We eloped from our houses and disclosed it to our parents. Her cousin contacted me after that and assured me that he will arrange our wedding grandly and took her from me the very next day. Till the time her dad don't know about our wedding and all this was they saying. And her mom knows all. Now they are like saying our girl is strong manglik and you will die after six months kind of thing, we are maharastrian and you are south Indian how will guys cope up with each other. There are alots of negativity in your relationship n all. Now my family is ready to accept us but issues are from her side. Even the girl is also saying the same as their families that her parents should be convinced. My family has tried talking to them but they didn't get convinced. They are not at all allowing me to meet her and only calls that too on his cousin's phone once a week. I'm very much disturbed with this situation. The girl is saying "if my parents don't agree then we will apply for divorce".
But i had a doubt that her dad is aware of all the scenario and likewise he was aware of all this situation. On 3rd August, they called up my family for meeting and my wife simply said "Mujse galti ho gai hai, muje usse sudharna hai, So muje divorce de do.". In return i asked her to talk to me privately, her parents didnt allowd me so. Then they asked me for mutual divorce and i refused. I want to talk to my wife privately. Is it possible? and above all they are threatening me of false 498a case. What can i use as evidence in order to tackle them. I have photographs of our marriage, letters written by her to me, hangout chats, Whatsapp and text messages of her cousin with me, all call recordings after she left me.
I consulted a local on this case, he asked me to send a notice asking her to resume you. If that doesn't work file a RCR petition.
Awaiting for your advice.
Asked 8 years ago in Family Law
Religion: Hindu
Thank you All,
Actually she is staying there against her will i believe so because our eloping plan was done by herself. She never wanted to live with her parents. We were very much happy with each other. The day since i left her home she started behaving weird. On that day her cousin and Uncle said that you guys will get marry in a proper way. And all of sudden they turned her decision upside down. She is very much scare of her parents hence she has changed her decision. If she would had given a valid reason, i would had given her divorce by mutual consent. I believe divorce happens due to disputes between husband and wife but in my case there was nothing such, our separation is due to her parents. Hence i'm trying all the possible ways to get her back.
1. Do they have the rights not to allow me to meet or talk to her? If no then how should i approach in proper manner?
2. Can i take any action on her cousin and uncle such nuisance?
3. How long does it take to pass the decree of RCR?
4. Next month end i have to travel to US regarding a office project for 4 months, is it possible if i file the RCR petition and ask my family to handle it?
5. Can her parents forcefully arrange her second marriage?
Asked 8 years ago