Restitution of Conjugal Rights or Guardian Petition or wait?
On 22-Apr-14 my wife has gone away from my home without informing me by taking all document's / valuables related to her, along with my son who is 3 years old. on 29th Apr-14 she has sent a letter to me (not from a lawyer) through Regd. Post with AD stating that i have extramatrial relationship, i drink regularly, i listen to my mother and beat her on 20-apr-14 i have beaten her after taking drinks and beacuse of which she is not able to turn her neck and suffering a lot. if i m not coming to mothers home and give assurance in writing as well as oral that i will take care she will file a case against me for maintainace and my mother and friend on family harrasement.
i have sent a detailed reply to that letter , whcih was returned to me stating that no such addresse in the list, in the mean time i tried to get in contact with her and met on 22-May-14 and talked to her and sorted out after which she agreed to come on 08-Jun-14 before my son school reopens but on that night she again called and said i will not come and switched off the phone.
now through relatives discussion they are saying let's see after jan2015 till that time let's leave it is what the statement my in-laws has given what should i do now should i file a RCR or Guardian Petition or should i wait till Jan and taken some action after that.
i have a proof of some videos where she was very normal on the day she left and some audio clippings and SMS of our converation which happend on 22-May-14 totally confused please help i need my son as he is my life
Asked in Family Law from Mumbai, Maharashtra
Hi, it always better tried to convince her and both of you should live as a husband and wife by settling the dispute amicably and from your narration 3 year old son is there and you have to think his future also.....in family matter when the matter went to the court matter will become complicated and it is always better to solve the problem amicably and it is my advice tried to bring back her and lead happy life.
Better file a case for RCR.
Involve elders of the family and friends and have a talk, see whether the matter can be solved as the expert earlier suggested. In case she is adamant of going ahead with the issue, convince her for a mutual consent divorce where you can avoid unnecessary legal complications of criminal cases. Regarding the custody of the child, maintenance and alimony if any asked , property if any in joint names, can be also sorted out amicably with the help of family and a lawyer.
You have a legal option if you decide not to go ahead with the separation and divorce, then go ahead and file an RCR in the court seeking an order directing her to continue the marriage and the conjugal life. Little tolerance and wise approach can save your marriage and your child so give importance to settlement and bring her back.
better if you file RCR as it is not going to harm any one of you. as far as your side is concerned you will bring all things on judicial record. for brief you may call
Advocate, Greater Noida
1) it appears letter received by you from your wife and sent by registered post AD is drafted by a lawyer . your wife has after great deal of deliberations sent you said letter wherein allegations of physical assault , drinking are made .
2) you have stated that you have sent a detailed reply . did you send it by regd post AD . better get reply vetted by a local lawyer .
3) filing of RCR may prove counter productive as your wife may file DV / 498A case against you .
4) it is advisable to meet a local lawyer and after indepth consultations decide your next course of action
1. It appears that your wife is preparing for a long time project. The letter sent by her has possibly been drafted by a lawyer which is full of ingerdients for 498A action,
2. You are required to reoply her said letter point by point. Engage a lawyer for drafting the said reply to be sent in your name to the address mentioned in the said registered letter sent by your wife. Sent your letter by speed post and collect track report later on. Do not open the letter if it is returned,
3. May be 498A complaint is in the offing. Lodge a police complaint against your wife for her threatening the said false 498A action,
4. RCR is of no use now. She will not come to you eben if ordered by the Court,
5. Do not take any action by yourself. Engage a lawyer for the purpose,
6. Try to negotiate with her for amicable settlement of dispute.
1. The letter sent by your wife may not have been in the nature of a lawyer's notice but it seems to have been got drafted by a lawyer. It has been sent with the object of creating the base to institute litigation against you.
2. At first reply to her letter through your lawyer. The reply by your lawyer can be sent notwithstanding the fact that you have sent a reply on your own.
3. RCR is not advisable at this stage. Wait and watch what she does after the receipt of your reply.
4. You can file a case for child custody to claim the custody of your son. Mother cannot deprive father of the right to have access to child.