• Marriage life

Respected sir,
My daughter-in-law is frequently goes to her parents’ house. After Marriage 2008, though they were staying at Valsad (separate) , she went to her parents’ house with her mother in absence of my son. After my son’s change of job they settled at Gandhidham with us willingly (in spite our telling to stay separate). She left my house without our knowledge in Sept. 2010 and till 3.5 yrs, she didn’t respond out phone/mails/letters etc.  and  made petition against us. In 2014 with compromise she came here but her behavior  was uncertain and lastly went back to her parents’ house on 18 Jan. 2015 (i.e. after 10 months stay).  In mostly marriage dispute courts favors  female, and she is taking benefit of it. Sir, we are in critical position. My grandson is with her, and my son’s as well as my grandson’s life is miserable. Pl. advice what action we can take.
Asked 3 years ago in Family Law from Gandhidham, Gujarat
Religion: Hindu
1) your son and daughter in law should  visit a marriage counsellor to resolve the issue .

2) if daughter in law  refuses to mend her ways your son should file for  divorce on grounds of mental cruelty 

3) in the event any false domestic violence case is filed contest it on merits . 

4) if daughter in law  files 498A case for dowry harassment obtain bail from court and contest it on merits 

5) custody of minor grand son would be awarded to mother ,. father will get visitation rights .

6) daughter in law can in addition seek maintenance for herslef and the child 
Ajay Sethi
Advocate, Mumbai
45643 Answers
2682 Consultations

5.0 on 5.0

Dear Querist
First of all you and your son should think about the saving the marriage because now your grand son's life is also attached with this relationship.

try to settle the matter amicably with the help of the relatives and friends, if not possible then file an application cum complaint before District legal Service Authority and pray for mediation and with the help of mediator try to settle the matter amicably.

There is two option in amicably settlement, one is bring her back and live with your son and grandson
second divorce by mutual consent.

if she is adamant to fight the cases and not willing to settle the matter amicably then file a petition for restitution of Conjugal Rights u/s 9 of Hindu Marriage Act-1955 before family court.

file a child custody case before family court under Guardian & Wards Act along with Hindu Minority & Guardianship Act and claim child custody along with visitation rights.

Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

Hi, it is better tried to solve the matter amicably or otherwise your son has to file an application for restitution of conjugal rights  ask your daughter-in-law to live with him.

2. If she does not turn up then you have to file a divorce petition and so also custody of the child.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1. Which petition did she file against you? Was the petition withdrawn before she re-entered your house? What were the terms of withdrawal of the petition?

2. It is a misconception that courts favour women in marital disputes. 

3. Your son is free to file for divorce on the basis of marital cruelty committed by his wife.

4. Your son may also file for child custody if he wishes to get the custody of his child.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. What petition your daughter in law filed against you? Where did she file that petition?

2. However, ask your son to negotiate with her to settle the dispute amicably,

3. If settlement is not possible, negotiate with her for mutual consemt of divorce,

4. If she does not agree for MCD, let your son file divorce petition on te ground of cruelty,

5. Your son can file a child custody case if your grand son's agre is more than 5 years. 
Krishna Kishore Ganguly
Advocate, Kolkata
18518 Answers
449 Consultations

5.0 on 5.0

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