• Section 9 and 156(3)

I got married on 22.02.2015, and I'm working in merchant navy and my wife works in SBI as assistant( clerical grade), since 6.11.2015 she left our home and staying with her parents. She is falsely accusing me and my parents of domestic violence and dowry anyhow we never asked for dowry even during the marrigae or after that. First she sent application through SP office to women's police station. First they demanded 5 lakh which we denied to give and we agreed for max 3 lakh and now in second meeting at police station they are asking for 20 lakh otherwise they will file a case against us in 156(3). They are becoming greedy and want to have money from us for nothing. Niw our advicate suggesting to apply under section 9, but we are hesitant because she might agree and come home for 3-4 days and built a case of domestic violence against us. But advocate and police saying they will not do that. Kindly advice should i go for section 9 or shall i wait for them to file a case first
Asked 1 year ago in Family Law from Ajmer, Rajasthan
Religion: Hindu
1) section 9 is for restitution of conjugal rights . if you want your wife to stay with you then file for RCR 

2) please note that even f you get decree of RCR you cannot force your wife to stay with you 

3) since period of one year has elapsed from date of your marriage file for divorce on grounds of mental cruelty 
Ajay Sethi
Advocate, Mumbai
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Hi,
When you say " Falsely accusing" then you shouldn't have compromised. If you have merit in your statement, then why afraid of facing the court case? Let them initiate the suit, fight it on merit. If she comes back to stay with you, tell her to withdraw all complaints stating it to be false.  
Rajni Sinha
Advocate, Mumbai
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I agree with the suggestion of your advocate as by filing s.9 you declare your positive intention to cohabit with your wife. If she comes home and then files a false accusation of domestic violence then you can contest it on merits.
Ashish Davessar
Advocate, Jaipur
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This threat now posed by her to file a private complaint under section 156(3) of Cr.p.c. is nothing but she propose to approach directly for the inaction of police on her complaint.  There  is no danger apprehended in it.  She is at liberty, even otherwise to approach magistrate court if she found the police are not taking proper action against the complaint lodged by her.  You do not have to be afraid of her such stances. Let she do any damn thing, do not give in to her pressure tactics.  Do not shell out even a single penny, she cannot forcibly extract even a single paisa from you  against your willingness. 
You are right that filing a RCR case is just god for nothing.  Do not do the mistake of filing RCR, in fact you can file a divorce petition on the grounds of cruelty as now you have passed the minimum one year period after marriage. 
T Kalaiselvan
Advocate, Vellore
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166 Consultations
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