Issue wife legal notice to return to her matrimonial home
) File peititon for restitution of conjugal rights under section 9 of HMA
Restitution
Hi Me and my wife had ego clashes for almost 3 months now. We abused each other verbally. She walked away from our home. I don't know where she is residing now but for sure she is coming to office daily when I enquired about her in her office. I tried reaching her by various possible ways. I even made a complaint to nearest police station to restore our relationship. But she didn't turn up. She is 8 month pregnant. she said she is in her home town and can't come to police station. Police couldn't force her to come for councelling considering her health. But I'm pretty sure she is residing nearby her office and not in her hometown. Because I visited her hometown and checked if she is there but their parents and relatives attempt to hit me for going there. I don't know what to do now, I want to live with her happily ever. I am concerned that they won't allow me to see her and my kid due for next month.
Asked 7 years ago in Family Law
Religion: Hindu
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18 Answers
You can file a petition under section 9 of the Hindu marriage act for restitution of conjugal rights if you want to continue your relationship with your spouse.
Police cannot help you in this matter.
File petition in family Court for restitution of conjugal rights. I'm prepared to appear for you as your advocate. Consult me
See visit her office first nicely so that no scene is created and no further differences between you two occur. if that is not possible file a restitution petition serve the notice seek mediation and try to talk to your wife. But i would advise you avoid going court first place reach out her personally and try to sort out difference and since she is pregnant you can take care of her.
Further if you need to go court then a restitution petition can be filed under section 9 seeking restitution with you wife but the petition can take time to dispose off, and after birth of child a petition for visitation rights can be filed.
1) You can file RCR case against her and narrate all details.
While you could definitely file for an application for restitution of conjugal rights.
You can approach the mediation centre In court of your local jurisdiction.
You should file RCR. Thats the better option.
File a petition for restitution of congual rights in family court
- As per the information mentioned in the present query, makes it clear that you love your wife and want to see your future with her only.
- It happens in married life, you please take a deep breath and relax.
- If you file RCR then it may take sometime for you to get permission to see her or child.
- I advice you to please file Writ petition of Habeaus Corpus in the High Court as per Article 226 of our Constitution of India for speedy relief as to be there with her at the time of delivery.
Hi,
You need to file caae for restitution of conjual rights at the earliest.
Thanks everyone. I have sent a legal notice and will be filing restitution in few days. Is their a way I can be with her during delivery. I went to her hometown but her relatives threatened to beat me for being there and didn't tell me where she is. I couldn't get in touch with her at all.
Asked 7 years ago
You do not have to go and meet her personally once you have send the legal notice to her.
After your case is admitted in the court, she will be sent notices from the court and would have to appear before the court.
See if they are not allowing and wife doesn't wish to be with you at this point time there is no way around other then trying personally as even court cannot force her.
She is your wife and you have right to visit during delivery, you can file a complaint in police station where your wife reside.
You cannot remain with your wife during her delivery if she does not want your presence
You can send a legal notice to her email address a swell as to her office address if you do not kno where she currently resides, with a copy endorsed to her parents' address.
Failing to respond to all these steps, you may file a petition before family court seeking restitution of conjugal rights.
Get an exparte decree in your favor and then proceed with further steps as per law.
You cannot force her to live with you against her willingness.
If you cannot get her address where she currently resides, then it is your duty to find out the same through your own sources. You cannot give a police complaint also in this regard because she has voluntarily abandoned the matrimonial home hence this becomes a matrimonial dispute in which the police cannot interfere.
If her relatives try to assault you then you can lodge a criminal complaint against them with the local police which will make them to not to get involved in your personal affairs.
You have to pursue the RCR petition. There is no legal way to ensure your presence at the time of her delivery.
Dear Sir,
Such issues being very sensitive cannot be solved that easy. Better use good offices of common friends and try to win over her heart. Even if RCR is decreed in your favour Court cannot force her to join matrimonial house and if you venture such procedure the things may worsen.
