File for divorce on grounds of mental cruelty
2) seek joint custody of son
2) wife refusing to stay with husband amounts to mental cruelty
My Wife has left me with my two and half year old son
On 6th June 2017, my wife has left me along with our son to join a job in her native place telling me that my earnings is not sufficient to lead family. Though I requested condemned her not to leave me, she has said that for her money is more important than family. Now she is living with her sisters in her native place and she is reluctant to come back. She has all sorts of reason and threatens to commit suicide if I force her to live with me. She is not ready to stay with my family and neither interested to stay with me. What should I do in this case? even I have threatened that I am going to marry someone but it is of no use.
Asked 8 years ago in Family Law
Religion: Hindu
7 Answers
You must meet her once in person and try to know her real reasons.there may be some reason which may be sorted out.
If the problem can not be resolved then wait fr sometime to see her change of mind and heart.
If even that does not happen then you can think in term of divorce preferably mutual divorce.
For the sake of the child you must not leave any stone unturned to resolve this crisis amicably.
you should file a petition for restitution of conjugal rights under section 9 of the hindu marriage act. she cannot leave you without any reasonable cause. if she has no just ground to live separate from you , court shall pass a decree and bound her to live with you.
Hello,
1) As it is very recently that she has left your company you need to again try to negotiate either through your family, her family or friends and any third party that has influence upon her. In the meantime try to assess the real reason about her leaving your company. If it is only earning why not do it where you live. Try to analyse if there is any thing else that is amiss in your relationship and try to find the resolution to it.
2) Legally what you can do is to file a petition in the court asking her to come and live with you along with your child as she has to be living with her husband for the conjugal life.You can also file a petition for visitation right to meet your child while the case is being decided.
3) Threatening her that you will marry some one else is no good idea as it amounts to cruelty to her and she can use it against you if she goes to court with a complaint of domestic violence or divorce. Be careful about what you say and d as they may be getting recorded as well..
Now she has got a job in Bengaluru and she has informed me that she will stay there only and if I want I have to go there and see her and my son personally. I tried to convenience her so many times and even with relatives and friends and she is not agreeing. She is arguing for taking transfer to her place, and come and stay with there family. I even said that what ever amount I am earning I will give to her and you please stay with me, but it is also not working out. She told me that I am capable for leaving without husband and there is no need of me. Even there parents/ sisters are not education her and I told her that she will get a job in place I am working, but she is not ready to come. Even requested her to stay at-least with my family members but, it is also of no use. I had talked to her personally with her last weekend and told all the above. But it is not working out, she is very adamant in her decision. Moreover I am working in Bank and there will be transfers every 3 to 4 years, there is no guarantee that I will be staying in one single place also. She is more bothered about her family and tries to deflame me in public by shouting at me and telling all sort of lies with neighbours. Even I am planning to inform to local police regarding the same. She is giving me warning now and then of committing suicide
Asked 8 years ago
1) file NC with local police station of wife constant threats to commit suicide
2) if wife does not want to stay with you ask her for divorce by mutual consent
3) if wife refuses divorce by mutual consent then file fir divorce on grounds of mental cruelty
If she is not listening to your requests to return to your home, you may first send her a legal notice to return. If there is no proper response from her then you may file a RCR petition
You should find if she has any other reason for this.
If all your efforts fail to fetch any fruitful result you may decide to file a divorce case.
You can also file a child Custody case to have your child with you.