• Family issue

Sir, I got married on 2008 with a bengali girl from Assam. My wife is suffering from Blood sugar from 19years old age. Before marriage we know everything and It was our love marriage. We have a kid age 5 years. when she was pregnant no body will come from her side, me and my father look after her (my mother died on 2009). However she is some hypertensive and physiological problem as per doctors reports. she leave me 3 times and after few days I took her home. On last 27th January 2015. She went for her sister's marriage in Silchar. She come back home by 29th Jan. Every one in my family loved her. She (my wife) also a good girl/mother/wife. But she is some how tesnced about her illness and our child. Her next sister got married 18th Jan 2015 near our house (2min walking distance only). This 17th Feb I took my father to make his MRI to PG hospital. when we return home I saw that my wife is serious,blood pressure and sugar is high and her sister and her husband both are present at my house. Without any delay I took her to the doctor and admitted in Nursing home. Doctor told that she is pregnant(without my concern) and taking her to ICU. After consulting with doctors they advice that we can take issue any time but this is not the right time to carry the baby right now as per her health condition. but the final decision is ours. I talked with my wife and she now want to terminate the baby. We give the written at presence of doctor that both we are agree to terminate. Next day  doctor terminate that. Next day on 21th Feb when she come back home her sister and my wife both decided that she will not stay with me anymore and left my house with her sister and her husband and few of his friends will all documents jeweleries belongings and my son. That the same day they move to Assam. I told her mama and ma, as her father is no more, they did not attend me and her her mama suggest me do what ever she want, do not stop her. After she left my house they did not contact with me. They are telling me that me and my father and also my family make mental torched with her. My father is now going with very critical conditions and got pain for this situation. He is 75 years old. My son is 5 years old, what will be my son's future? She want divorce. I am not thinking about divorce, because i did not marry her for divorce, and how she will survive if i give divorce. Please suggest me what I have to do now? I want my son back and want to treat her to give her a life. Her (my mother in law) and her daughters all are medically unfit. How they are taking such kind of childish decision.  Is there any way to resolve that issue ? please suggest me I do not need breakup ..
Asked 2 years ago in Family Law from Naihati, West Bengal
Religion: Hindu
1) if your wife wants divorce you cant force her to stay with you . 

2) the medical termination of her pregnancy may have affected her and she must have suffered bout of depression after having lost the child due to her high sugar level . 

3) you can give her some time and not force her to stay with you . 

4) if after 6 months she insists on divorce agree for divorce by mutual consent . 

5) you can seek visitation rights for the child . since your child is 5 years old court wont grant you custody of your minor son . 

6) you can in alternative suggest that you and your wife visit a family counselor to resolve all disputes
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
Hello,
1) It is possible that your is being influenced by her family in making the decision about divorce and moreover the medical termination of her pregnancy must have driven her into a state of depression as well.

2) Unfortunately of she insists on divorce you cannot compel  her to live with you.

3) It is advisable to involve other relatives or third parties to negotiate and take her to a marriage counsellor who could help resolve the differences between you.

4) Of she still wants a divorce allow a mutually consented divorce. You can get the right to visit the child till it grows older.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Dear Querist
try to settle the matter amicably with the help of the elders and relatives,

if not possible then file a child custody case against her before family court and file a RCR case u/s 9 of Hindu Marriage Act-1955.

contact a lawyer personally it will be better to get best advise.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Hi, without your consent she can not get divorce as per my advice tried to settle the matter amicably and if she does not agree for that then file a petition for custody of child
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. You have stated "My son is 5 years old, what will be my son's future? She want divorce. I am not thinking about divorce, because i did not marry her for divorce, and how she will survive if i give divorce. Please suggest me what I have to do now? I want my son back and want to treat her to give her a life. Her (my mother in law) and her daughters all are medically unfit. How they are taking such kind of childish decision.  Is there any way to resolve that issue ? please suggest me I do not need breakup",

2. Yours is a personal and domestic probelm which has not yet attained the stage which require legal intervention,

3. You have not mentioned what is the basic reason for which she has left you with the support of her sister and brother in law,

4. However, there is any reason for her such action which you do not want to disclose, then address that problem first to convince her its non repeatation so that he returns to you,

5. If she wants to leave you without any  valid reason, then allow her some time to restrospect, may be 6 months maximum,

6. If she still refuses to return, ask her what does she want and if she still wants divorce then go for mutual consent divorce,

7. No law in our country can force her to join you if she does not want to,

8. You can also file a petition seeking visitation right for your child.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. You have to decide what you want. Your wife apparently does not want to live with you, in which event no court including the Supreme Court can force her to live with you. 

2. Talk to your wife to persuade her to visit a marriage counsellor so that your differences can be ironed out. If counselling does not succeed, or she does not agree to counselling then you may offer her to file for mutual divorce. If your wife does not agree to mutual divorce then you may unilaterally apply for divorce on the ground of cruelty. 

3. You can also eek the custody of your child by filing a case for child custody.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0

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