Restitution of Conjugal Rights
I got married 2 yrs back. but their was quarrel between my mother & my wife. My parents used to spoke to my wife regarding her family & her parents when i went to office. There was adjustment problem between my wife & my parents. Nobody did physical torch er on my wife. We don’t ask any dowry from here before & after marriage. But my parents did very bad behavior with her. My marriage was arrange marriage which was taken care by parents of both families.
While she was living with me my parents told her 4 times “gate out from here” during quarrel. She taking this point sentimentally she left our home. My parents are still in the age 1950 but my wife is a young girl of this generation so there is huge adjustment problem between my wife & parents.
My parents did not tolerate her. She stay with me 14 months from marriage at my parents home. We decided to leave our home & stay outside of our home at any rented house /flat. On last April 2015 due to quarrel with my mother to cock food she left our home & went to her parental house. But I took 2-3 months time to decide that leaving home will be appropriate decision? So I ask her to come back but she denied to do so. At this stage there was quarrel between us over phone from April to next 2-3 months. I also went to her home to bring her back but she did not come. After leaving our home I did one G.D. at local police station. Till date she don’t come & don’t want conjugal life with me. During the period of last 7-8 months I went to her home several times with my friends & relatives to convince her & to say “stay out side of my home separately”. On this feb.16 I fill a petition of RCR 9 at my local sub divisional court. I also called her through local Police station after filling petition of RCR 9 for a seating on this matter & to continue our conjugal life. But now her lawyer called & told that they want mutual separation. I don’t want to leave her & I want to continue our conjugal life. If I move for mutual separation can she claim alimony? If I don’t want seat for this mutual divorce discussion..Can she file 498A/ claim 125 crpc? Can I get my wife return back? will this RCR 9 come in favor? If I say this at court that I shall stay separately leaving parents & earlier things will never happen again on written statement? If she denied to come with me at court but I still want her what will happen? During my last visit to her home for return her back she claim 40% of my salary monthly. I am a central govt. employee. During every discussion at her home she put condition on me when I agree that point she put new point.
Kindly guide me in this respect.