MyNation Foundation Forum » Advice » Domestic Violence

RCR what happens if wife returns but deserts repeatedly

(5 posts)
  • Started 7 years ago by Melissa
  • Latest reply from sanjaymehra
  1. Melissa
    Member

    Please help . . .I am trying to offer advice to my married friend.
    His wife of 9 months has hardly lived with him at his parents joint household. She keeps returning to parents for weeks and has stayed less than 20% of time.

    She has tried to commit suicide unknown to him before marriage due to an unhappy love affair. She has tried since at his home. She told him she intended divorce from before they were married. She argues for a seperate house and that she cannot live in joint famly. Husband does not have means for this. She threatend court case but her father did not support at that time.

    She became pregnant and after six weeks preganancy has stayed at parents apart from one week. She threatened to abort the child but has changed her mind. Her father wants her to return to husband but she remains at his house.

    I have told him to record calls and sms and get evidence of all the above as well as letter fom her sayng she has come of her wn free will should she return.

    Should he get evidence and then file fo RSR? Would this force some conclusion and give him grounds for future defence against a case and eventually divorce if necessary (desertion, mental cruelty)?

    Would filing RCR help defend a future false DV or 498a at a later date?
    What happens if wife returns after filing of RCR and continues pattern of visiting for short periods and then deserting for long time?
    Becaue she is pregnant does that mea that the RCR can only be filed from after date of child's conception veen though pattern of desertion as already established months earlier?

    Posted 7 years ago #
  2. ADMIN
    Key Master

    Its all depends on what your friend (husband of women) want.

    If he want divorce then ask him to collect evidence of her Harassment and all deeds. if not before approching Police or court its better discuss this matter in front of elders as her own Father doesnt support her.

    Whatever may be his choice, its better taking her Father into confidence and discuss this matter and secretly record all his words saying
    He want to send her Daughter back but she keeps on coming
    and also her husband saying he Did not took any dowry or harassment to her at his house and make her Father agrees to it. this will help whatever stand he take in future.

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 7 years ago #
  3. Melissa
    Member

    Thank you very much for the advice. It was very helpful.

    Two questions if I may:

    Can phone recordings be used as evidence in such a case?
    If the wife comes back for a few days still keeps pattern of deserting after filing of RCR can he still prove that she is not fulfilling marital obligations?

    Also I would like to comment that since seeing this problem and visiting your site I see how the law may be abused and result in serious family and social problems. I am a woman who feels very sad that so much injustice, pain and suffering is being experienced by so many innocent men.

    Posted 7 years ago #
  4. Adv.Kachave
    Moderator

    Dear friend Don't think more in the matter of others. Your friend has married he knows what problem he is having. At first there is no more time for marriage, for divorce minimum 1 year is require. Your friend has to try to settle the matter in between friends, relatives of each other, even though if it is not sort out, we have to think about law & court. So do this first and after that if she is not wiling to stay happily & peacefully, file divorce petition if possible with mutual consent. If she & her relatives are in preparation to file false criminal case move for anticipatory bail, it is the best way. Being you are friend try to help him to joint & save their matrimonial life and not to break.
    9821387099, 9224799546.

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #
  5. sanjaymehra
    Member

    something is wrong somewhere. why does her father not tell her to stay in her husband's house. If he is unhappy at her behaviour then he needs to make it clear to his daughter that she cannot stay for long periods. Either her mother is encouraging her to stay long periods and father has no say in the household or else their are clear and deep divisions between the husband and wife. If the girl's father is not able to din sense in his daughter;s head, then perhaps he has no say in the matter.
    Most such matters usually subside with time and patient talking from the family's elders. So don't loose hope and start thinking the worst. There are as yet no indications that this is anything more than a bride who is having settling down issues at her matrimonial home.

    Posted 7 years ago #

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