• Not sure where the case is heading - please help out

Sir, am in big trouble.please show me the path.
My husband has filed a RCR ( three years back) case just to seek bail in my case of 498A and 34 DP Act. He and my entire in-laws never wanted to continue this relationship, and tried their best to break me down so that I may file for divorce, but to get bail, my husband said in the court that he wants to take me back.

Because of all this, I was depressed and had to consult a psychologist and take some medicines.
And he came to know about this and came for one day just take a copy of that precription, and I gave it in good faith. (There's nothing much mentioned in the prescription)

He also filed a case of stealing his ornaments and certificates against me and my parents, in which police has given us clean chit in the investigation report which they have submitted recently in the court. And we also got to know from the police that one of the neighbours of my husband has filed a case of "threatening and misbehaving with women", upon  in which He's on bail.

Because of this attitude, I said in court that I dont want to go with him. The court then gave him 6 months time to talk to us and take me back with me, but neither he ever made any contact , nor he replied positively to the efforts made by my family memebers and the entire family changed their contact numbers as well. 

Then I attended the proceedings of the RCR case, where he said the same. This time, I also said yes and decided to go with him, but then as he didnt want to take me back, he never came to my home and made excusese of illness and didnt attended the proceedings on three later dates continuously. The judge in the ordersheet wrote that "reconciliation proceeding fails, and it seems that the petitioner doesnot intend to take back his wife."

Now, 6 months later he made false allegations that He went several times to my home , but I refused to go and therefore wanted bail. But I opposed him and submitted the RCR ordersheet, after which court ordered fixed the next date to take me back.
But, on that date He bluntly said, "Now, I don't want to take my wife back and she is mentally ill, and since girl's father is a police officer, I am scared that She might commit suicide and we all will be prisioned. She had said earlier that She doesnt want to go and her father being a police officer has threatened me several times......" and all that....to which the court said to give these things in written.
Now I dont understand where this case is heading. He has spoilt 6 years of my life, I dont wnat to let him go like this...also I dont want to waste my entire life behind him. 

Please help me..
Asked 12 months ago in Family Law from Gaya, Bihar
Religion: Hindu
1. Decide what do you want. Do you want to continue having marital relationship with him or terminate it and start your life afresh,

2. If you want to start your life afresh, negotiate with him and go for mutual consent divorce after taking substantial amount towards compensation,

3. I you do not want to start afresh, contest the RCR case fittingly  and file petition claiming maintenance,

4. If he is not willing to compensate you and sign the MCD petition, file a Divorce suit claiming permanent alimony.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1) there is no future in your relation ship

2) 498A cases take between 5 to 10 years to be disposed of

3) since your husband refuses to stay with you your best option is to file for divorce by mutual consent .

4) if you dont want to let him go  consult a psychiatrist and  give his written report  which indicates that you are not suffering from any mental illness .

5) deny the allegations that your father threatened your husband many times
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
You have lost six valuable years of married life.
As you dont see any light in future in this regard, you may better decide to quit the married life with him by filing a divorce petition on the grounds of cruelty. 
You can strongly oppose his bail application by filing an intervene petition.
The RCR what he filed is just an eye wash and he drag on the case pretty long on some or other flimsy reason, so better decide the issue and take proper steps to bring an end to this prolonged litigation.
In the given situation, it appears he may not give you any relief hence you may seek appropriate reliefs through court of law.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
Now I dont understand where this case is heading. He has spoilt 6 years of my life, I dont wnat to let him go like this...also I dont want to waste my entire life behind him. 
As a counter blast, yo may file a maintenance case under section 125 cr.p.c.;
You may file an application seeking interim maintenance under section 24 of Hindu Marriage Act, 1955;
You may also file a DV case seeking protection, residential rights and interim maintenance and also for return of your streedhan articles held by him.
You keep torturing him by filing one by one case against him so that he will, u nder pressure, come down for negotiations. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
As per your question Restitution Conjugal Rights you attend the court and submit before the court that he is misleading the court by the medical prescription given by you and blaming  your father because he is a police office and he is having threat that you may commit suicide and entire family may be implicated in dowry death case. suggestion you follow up the 498a case and 3 & 4 of D.P  Act and you oppose the bail in 498a case and file domestic violence case against your husband and in laws and claim the compensation , stridhan , monetary relief , monthly maintenances  from your husband . And moreover you find out the crime number of your husband neighbour which they have filed against your husband and what are the sections they have levelled against your husband and find out the stage of the case , you can submit the details of this cases in your 498a case and RCR case by showing his conduct and character. and misleading the court.
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
You can file for divorce on the ground of cruelty as he has unequivocally expressed his desire to not to cohabit with you. The criminal cases filed against him will proceed further on merits. To remedy the delay in the disposal of the case you can move the High Court for an expeditious hearing.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
file a divorce case against him before family court based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955, why are you waste your life for this type of men.
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
1) you can discuss alimony amount to be paid to you and incorporate the settled amount in consent terms 

2) mutual consent divorce case takes 6 months to be disposed of 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1. It seems that it will be prudent on your part to waste your time any further on this relationship,

2. It will also not be prudent on your part to show your frustration to him about this relationship ane eagerness to come out of it since in that case he will not agree to pay any amount,

3. MCD is filed after mutually consenting about everything including the amount of compensation/permanent alimony to be paid by him,

4. It is a general practice from the wife's side to file all sorts of cases to ensure that the husbands runs for his money leaving his office and then succumb to the pressure of agreeing to pay huge amount as compensation,

5. So, negotiate with him for your agreeing to sign the joint MCD petition provided he pays certain amount acceptable to you,

6. If he disagrees, file a divorce case on the ground of cruelty claiming substantial amount towards permanent alimony,

7. Till the divorce case is disposed of, file a petition claiming interim maintenance from him. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
If you decide to dissolve your marriage by a mutual consent, then you can draft a MOU in which your conditions shall be incorporated and he agrees to comply with them before pronouncement of divorce judgement. 
In this MOU you can seek the one time quit maintenance settlement and the mode of settlement. 
The MCD will take only six months but a case under section 125 cr.p.c. may take even years to get disposed.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
As per your question you can file the petition under section 13 B of Hindu marriage act 1955 ,
Personally both of you to appear before the family court at the time of filing suit , after 6month filing suit both of you have to attend before the court to get the decree.
List of the following documents required for filing suit for mutual consent divorce
1. Wedding invitation card.
2. Marriage photos
3.marriage photo CD
4.address proof of both the parties
5.identity proof of both the parties
6.memorandum of understanding
In mou you have to mention permanent alimony , maintenance, if children custody of the child to whom to give.
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
In MCD it is left to the spouses to agree on a lumpsum amount of alimony to be paid to wife. If this does not materialize then you are free to file for maintenance under 125. Nobody can tell how long it will take in the court. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0

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