• 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 1 year ago in Family Law from Kalyan, Maharashtra
Religion: Hindu
1) Even if you file RC R you can't force your wife to stay with you 

2) your wife will contest the RCR and it will take years to be disposed of 

3) if wife files 498A case you can obtain AB form court 

4) best option is divorce by mutual consent 

5) you can rely upon evidence in your possession to contest the false cases if any filed 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1. Try to talk to her and try to resolve this dispute amicably.
2. if she is adamant not to continue this relationship then considering your young age it would be better to go for mutual divorce.
3. If she becomes desperate to get divorce she may file criminal cases against you.
4. So consider this relationship to be dead, agree for mutual divorce and move on in life unless she comes back within a foreseeable future.
5. RCR is not a solution here though there is no harm to use this also.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
1. It is possible that your wife may have been held against her will in her parental home. You can move the High Court to seek the release of your wife from the captivity, if any, of her parents.

2. Filing for RCR will be an exercise in futility as in RCR proceedings no court can coerce a wife to resume cohabiting with her husband. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Sending her a notice to  return to the matrimonial fold and subsequently filing a RCR case is a well advised thought.  However, what will be the use of filing such cases without knowing her intention before the open  court. So, if you are confident enough that she has been illegally detained by her parents against her wishes and she is threatened to not join you or consent to live with you the married life, you may file a private complaint before the Judicial magistrate court u/s  340, 342, 503  & 120B IPC and  200 Cr. P.C  seeking the following relief:

To direct the Officer-in-Charge of the concerned police station to rescue the wife of the complainant namely xxxxxxxxx' from the illegal custody of her parents from their residential place,
 To direct officer-in-charge to put up xxxxxxxxx in the Court  so that court can find out the actual truth;

If the police is producing her before the court, let she express her opinion before the court and decide further action based on this statement by her.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
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?
The question is not about the rights, but it is their arrogance and violent cum ego which prevents you from meeting her, you can take the help of police or if you consider police may not help or cooperate, you may initiate a private complaint as advised in my earlier post. 

2. Can i take any action on her cousin and uncle such nuisance?
If you can prove that their involvement in this matter has been detrimental to your present peace efforts or they are the  people who caused the present crisis, you may lodge a complaint against them for illegal and unlawful detention and activities that followed.


3. How long does it take to pass the decree of RCR?
It is another regular case, it may take years to get disposed.


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?
You can give power of attorney to your father or any close relative to represent on your behalf during your absence before the court n the dates of hearing. 


5. Can her parents forcefully arrange her second marriage?
No they cannot do so, if they succeed to do so, the so called marriage will be null and void in the eyes of law. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1) second marriage cannot be done during subsistence of earlier marriage 

2) you can file for RCR and execute POA in favour of relative 

3) but you will have to come to court to give evidence 

4) RCR takes around 5 years to be disposed of 



5) if your wife is being held against her will lodge complaint with police and national commission of women against her family members 

6) but if your wife says she does not want to stay with you police or commission won't be able to help you 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1. They have no rights to detain her or restrain her from communicating to you, but people do violate the law.

2. The most potent legal remedy in your hands is to move the High Court for the release of your wife. The HC may also grant you police protection.

3. Decree of RCR would not come earlier than a year. Even if it is passed you cannot force your wife to live with you. 

4. Move the HC immediately.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Try to meet her in public place and you alone will have to make opportunity to met her if her family members refuses to allow you to do so.
2. Yes if the talk fails and the girl also refuses to give mutual divorce. You can file case of criminal intimidation against them.
3. RCR decree take if contested 3-5 years.
4.Yes
5. Yes but the marriage without divorce will be a nullity.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0

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