• Wife is not coming to my house

I was married on 2007 but earlier she used to saty in her home most of time but after a baby boy was born on nov 2016 she came only once and return back her home on nov 2017 after saying that there is surgery of her mother but in reality it was not happen. I tried many times to discuss this matter to her mother but nowdays she disconnect my phone & also discuss her brother but he goons & murderer but all fails. now suggest me that if she don,t want to come/live with me so how can I get my baby (baby is born through IVF after taking eggs of another lady so biological mother is not my wife).(my native place is in UP & working in Assam)
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

If you want to live with your wife then you can file petition for restitution of conjugal rights stating she is not returning back home and have left home without any strong reason along with your child.

If you dont want to live with her then you can file suit for divorce and custody of child and can mention child being ivf baby.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Hello,

Where is the wife?

Also, the custody can not be given to you till the child attains the age of 5 years, even though the same is born through IVF.

Also, you will have to file a petition for custody to get visitation rights.

The custody of the child depends on welfare of the child, it will have to be show that the welfare will take place in a better if the custody is given to you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello,

She can file a case of maintenance, false case of harassment and dowry.

You will easily get out from the cases since she has not lived with you and your family generally.

Also, there is no need to file RCR since you do not want to live with her and she has left your custody out of her own will.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

See for the wife to come home you can file an RCR in the court, further for the custody of the bay a custody petition has to be filled claiming custody and alternatively the visitation rights.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

She cab file Domestic violence, 498a against you and can even involve your parents too.

About child you can ask for custody through court. But as a child is too small there is a possibility that court can grant its custody to your wife even if she is an unnatural mother because on record she is a mother.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Sir she can file false cases of cruelty harassment under 498A ipc domestic violence act but she has not resided without you her claims wont be tenable in your case it is better to go for mutual divorce if she agrees or a contested if she does not on ground of cruelty and desertion.

Further for the baby a custody petition in family court where she is residing has to be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. If wife is not coming back home then only option is to cajole her and win her back.

2. She is your wife and if she is adamant for some reasons , it is your duty to pacify her and see the reasons.

3. Every marriage faces with such kind of turmoils which can be overcome with mutual effort and trusts.

4. So go , met her and take to to a holiday destinations. The differences can very well be sorted out in a neutral place which is far away from respective family members.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty

2) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce

3) seek joint custody of your child

4) don’t file for RCR . It is useless

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Wife can file false case of dowry harassment against st you and family members

2) Police would issue you notice to record your statement

3) apply for and obtain Anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Since the wife has deserted the matrimonial home without any justiciable reason, you have a good case of restitution of conjugal rights. By this, you take the help of court decree to make your wife return to her matrimonial home. In case she does not return even after one year of this decree, then you can opt for divorce on this ground itself.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Answerd by Adv kavery Anand Bangalore. Sir u really want her back and stay with her then file RCR ..

She may file against u ..DVA..498a.. maintenance/ alimony..

BUT ..U CAN PROVE THAT...and file..case against her that.she is not natural mother of my child...

After knowing that she will never consive...than also I spent lots of money and went for IVF baby.. because I always took care of her and loved her.. but she is absolutely showing cruelty towards me and my family... Now I m getting worried about my child which is not natural son of her.. I want Divorce from her and.. physical child custody..

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

File a restitution of conjugal right petition against your wife under section 9 HMA.

Also file a petiiton seeking custody of your child under the provisison of GW&C Act.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

To gain the custody of your son, file a petition seeking custody under Guardians and Wards Act a already advised.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) For RCR you can file case against her.

2) for child custody mother is the best care taker of her child.

3) so you better go for RCR and wants to live with your child.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. Wife cannot be forced to cohabit with her husband by any court. You can file a RCR Petition under Section 9 of Hindu Marriage Act to seek a decree against her to resume her conjugal duties but even then she cannot be forced.

2. She can file 498A and DV Act cases against you. Apply for anticipatory bail as and when the FIR gets registered.

3. To seek the custody of your son you will have to file a petition for declaration of guardianship and child custody under Guardians and Wards Act.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If she is not interested in continuing the marriage she may express the same clearly.

You may send her a legal notice about this asking her to return to the matrimonial home since she has not bothered to return after leaving the hours on so and so date.

Alternately she may be asked to agree for mutual consent divorce if she is not interested in continuing the marriage.

You may inform her that it there is no response for this then you would be constrained to file a contested divorce case on the grounds of cruelty and desertion.

You may also mention that you will file a child custody case and take the child away from her because she is not the biological mother of the child.

After that you may file a child custody cse, divorce case and be prepared for facing her legal onslaughts in the name of false dowry harassment and domestic violence case agaisnt you in retaliation for your legal steps to eb taken by you.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

if I file RCR then wat she can file against me, mother, father & brother etc although she never stay in my home(where father ,mother r living) more than 2 hrs. last visit in my home was nov 2017.pls write all combination & also advice me to take my son from unnatural mother.

Filing a RCR case is a waste of time, money and energy.

This will not fetch you the desired result.

Law cannot force her to come and live with you against her willingness.

You can file child custody case on the grounds that you rely upon, but remember that the child's welfare is of paramount importance.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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