Good morning. I am a contractual employe of 37 yr. I have my parents (92-father/64-mother) and a daughter of 11 yr. My wife also in a contractual job. Some misunderstanding inbetween her and me was occurred before 2 yr. And since that I have tried many times to make her understand. But still now nither she nor her family shows any interest. She has already blocked my mobile nos since last 2 yr. As I am staying 120 km away from her so it is also quite difficult to face her regularly. She also stopped talking with my daughter and parents. Every time when I go to her she never opens the door of her house. and I have to stand and wait there at least for 1- 2 hr and have to return 120 km. Some times I have fall in troubles during return times as at that time I was lost in emotional break. I have already lost my image at my job place. I don't know what's my fault. She was now misguided by her elder sister. As my job period is 10am-5pm and sometimes I have to go out side from the district so everytime I cannot travel to her. My internet friends always told me that why you travel to her after getting such insults. Still I am going to her in a hope that she will be with me. But lastly on 9th of october while I was returning from my home to my job place ( 300km by my byke) I was going to her and she knows that I was there and she talks her sister that told him not to come here otherwise I will commit suicide having a suicidal note with his name I got friend and leave that place. I am also not feeling safe to go to her parents home. As in past they come to beat me with weapons . But I keeping the rear of my daughter I have go to her parents but every time I got unbearble insults there. When I share it at my home my little daughter told me that baba never go to that family again. But I cannot leave my wife. So please guide me or suggest me what I will do so that I can got her again or it will make her bound to comeback. Thanking you.
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You can file petition for RCR under section 9 ofHMA
2) mention that wife has without any reason left her matrimonial home and has refused to return
3) please note that even if you get a decree you cannot force your wife to stay with you
4) best option is to filefor divorce by mutual consent
Sir firstly no court can force her to come back even if it order so. You can file a restitution petition before the court the court will mediate send for counselling and order her to restitute her conjugal rights even then she fails to do it you can take divorce on that ground but she cannot be force that she should be with you.
Further there is no use of such relstionship so it is better you take good care of your daughter and focus on her welfare and gradually seek divorce if reconciliation is not possible.
Hello,
1) As your attempts to talk to her and your visits have not produced the desired results it would be advisable to engage fine common friends or relatives to involve and mediate. This will help find out what's in her mind and if there's a possibility of her rejoining in the marriage.
2) Legally, you can file for restitution of conjugal rights seeking the court to order her to come back to you. However, please know that if she has decided and does not want to live with you, nothing can help.
3) If she does not want to live with you it would be advisable to file for divorce by mutual consent
state the reason why she does not want to live with you, and once try to settle this matter with your elders of both the sides of the family, and if also she is not willing to join with you , then you can issue a legal notice and file RCR.
File suit for restitution of conjugal rights.
Send a her a legal notice asking her to come back to you.
Send the above notice through a lawyer.
In case she does not comes back to you and your daughter despite the legal notice, file a petition for restitution of conjugal rights in the Family Court.
Sir u can file for RCR .. restitution of conjugal rights.. if u want her back...
Otherwise collect all the evidence proofs.. then ask her ,if she is not interested to join with u then file mutual consent divorce...
If she don't agree for mutual consent divorce.. and torturing u ..by Not coming and staying with u nor giving Divorce...
Then file for contest Divorce.
For more details call me.
1. Unless she agrees to cohabit with you there is no law which can come to your aid.
2. If she does commit suicide and leaves behind a suicide note then you may be prosecuted for the offence of abetment to suicide.
3. In this scenario, you may file a petition for restitution of conjugal rights against her to seek a decree of the court to her to resume cohabitation, but no court can force her to cohabit with you.
If all your efforts are going in the vain then you need to file Restoration petition under section 9 of Hindu Marriage Act for restoration of conjugal rights and in case you don't respond to the petition the court May allow you ex Parte decree that will be the ground to file a divorce petition against her on the ground of cruelty and desertion as your daughter is living with you you need not to apply for the custody as you are the natural guardian of the daughter
1. You can neither force your wife to stay with you or talk to you nor you can win her by begging.
2. So, the first stepmyou shoulkd rtake is to stop going to see your wife.
3. If she ever feels interested to revive the relationshi wityh you, she will contact you.
4. Meantime, send a letter to the local polce informing that your wife has left your house of her own accord and has not yet returned to depite being requested severally. It will protect you to nsome extent if she ever alleges that you have thrown her out of your house.
Hi,
Human behavior is very complex and if she is bent upon not to return, you are suggested to file case for restitution of conjugal right to call her back to you.
If you want to continue with your marriage, you will have to file a petition under section 9 Hindu Marriage Act for restitution of conjugal rights in Family court.
Dear Sir,,
Get a Legal Notice issued to your wife for coming to your family fold. If she did not do so and is living separately without your consent and with her own volition she will be given divorce. You must show to the court that she has been judicially separated from you and living separately for two years. It is one of the grounds for getting divorce from your wife.
If she do not want to live with you, then you cannot force her to live with you against her willingness.
Your efforts to reconcile will be mistaken as forcing hr to live with you.
If she do not want to live with you anymore, you can issue a legal notice to her asking her to return to the matrimonial fold or if she is not willing to rejoin then let she agree for mutual consent divorce.
If there is no response or if she is not agreeing for MCD then you may proceed with divorce case.
She would realise the seriousness only then.
Dear Querist
You may file a petition under section 9 of Hindu Marriage Act for the restitution of Conjugal rights before the Family Court of your area, Nobody can force her to live with you or force to you to live with her but after getting the decree of RCR you may file divorce case against her and get divorce.
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