• Wife does not want to stay together

 i have been married for the past 13 years. from last few days my wife was behaving in a very arrogant manner. she wants to do as she wishes in each and every matter such as personal, sexual, or any matter related to each other. i have never abused her physically at any moment in my whole married life. although there have been instances where we had verbal spats our married life was just going ok. but one week back her younger sister provoked her to leave my house and go to my in laws house which is in maharashtra 900 kms away. now she is saying that she will not come back home. i asked her to come back but she is adamant. please guide how to save my marriage.
 i have been blessed with one son who is 6 year old and another daughter who is 2 years old.
i dont understand what to do i want to save this marriage and bring her back home.
please guide as how can i go for it.
Asked 3 years ago in Family Law
Religion: Hindu

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9 Answers

Sir first you both should mutually try you should try to talk to her, take marriage counseling if things doesn't work then file a RCR in family court.

Try understand what is the issue and resolve same. First exhaust all the personal remoedies before going to legal action.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

A mediation talk in the presence of a professional mediator will do the job. Better hurry because in 80% family matters things gets worse only because they gets guidance on the last moment and by then relationships would have broken. So i recommend u to get a lawyer or professional mediator at the earliest.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0


Please understand that you can not force her to come back. Even if you file a case to that effect and she does not come back then also the execution of the order is difficult.

If you still want to file then a case for restitution of conjugal rights has to be filed under section 9 of the Hindu Marriage Act.

Best way is to talk to her and settle the matter mutually and resolve to live together.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1) issue wife notice to return to her matrimonial home

2) file petition for RCR under section 9 of HMA

3) seek joint custody of your children

4) in the event wife files false dowry harassment apply for and obtain anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Just keep patience and try to know the reason for being adamant.

Try to take her to a councillor to have a session or two to remove the dirt that is in her mind.

Hope by this things will change if not then take legal action and sent a legal notice and file section 9 Restoration of conjugal rights and last could be the divorce petition.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Since she is behaving differently since last few days only, it will be prudent on your part to wait for some time, may be even few months to enable her to feel the life without having a proper family.

2. It is not unusal that couple suffer mid life blue at te stage which you are now passing through and they behave in unusual manner.

3. Time is the best medicine in such cases which you should allow her.

4. One very important aspect herein is that if she expresses more s8xual, attention on her, any negligence on your part to attend to her may induce her to think that you are no longer interested on her physically and it might force her to go in mental depression.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Go to her place and try to convince her to come back to home with you after talking out the issue with her. Speak to your in laws too.

If the above setp fails, send her a legal notice.

In case both the above suggested remedies fail, file a petition seeking restitution of conjugal rights in teh Family Court/

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If you want to save your marriage, don't go to court and police, etc.

The reason I say this is because usually when you approach court and police, people don't take it lightly and more often it backfires.

Approach a marriage counselor. Talk to your wife and make her agree for a marriage counseling. Talk to your in-laws about her taking marriage counseling.

As a last resort approach a lawyer and file RCR (Restitution of Conjugal Rights).

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

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