Husband can file petition for RCR if wants his wife to return to her matrimonial house
2) also seek custody of his son
3) if false dowry harassment case is filed apply for and obtain Anticipatory bail from sessions court
Mother in-law refusing to send daughter with her husband, eventhough she is willing to go with him
It is about my son's pathetic situation. He got married in Nov'2016. I am a retired person. Myself, my wife, son, daughter in law lived in Chennai happily together. After an year she conceived. When she was 3 months pregnant, she went to Coimbatore where her mother is living to attend her brother's marriage engagement. She stayed with them saying that doctor advised not to travel to chennai .Later she revealed that it was not the doctor but her mother retained her. After birth of my grandson, we aked her to come. She was silent, only her parents and her brother spoke to us and refusing to send her. When my grand son was 5 years old, after counciling with relatives she send her. It all took 12 months. Meanwhile, during this period, my son went to Malaysia on office project work. He took his wife and infant son along with him. She stayed with him for 3 months.My son along with wife and son came back to India for some festival. He went back leaving her for 15 days. All those 15 days she stayed with her parents.He came back and took her again to Malaysia. He took his mother also to Malaysia to take care of our grandson..After 1 month she started quarelling with him saying that she want to see her mother and want to go back to India.She did all kind of tactics to go back to her mother.My wife advised but in vain.During that period she went to the extent of fasting for 2 days. My son did everything to bring normalcy. He took a knife and told her he will cut his hands if she continues her fasting, then only she ends her fasting. Seeing all these my wife came back to India. After a week she again started allover again. My sun could not tolerate all this and send her back to India. She went to her mother's house and stayed there for more than a month now. Knowing her mother's nature, myself my wife and 2 of our relatives went to their home to ask when she is going to come.She told she wants to stop breast feeding. It needs some time.Her mother still saying it is not her daughter to decide, it is she to decide simply saying she will not send her to Malaysia and she will send her to her marital home only when her husband stays with her and will not send to live with us i.e father in-law and mother in-law. During counciling her brother used unrespectful words against me. I replied for which he tried to beat me which was prevented by our relatives. Now she stopped breast feeding.My son told her, he will come to India to take her back to Malaysia and asked for a date. She told she is ready and asked to book flight tickets. He came to India on 4th oct'2019. He asked her to be ready on 8th to go back for which she simply says her parents only will decide on what date she can go. She says " I am willing to come with you" but her parents say we are not sending her. We are ready to go for divorce" Our daughter in-law herself said there is no dowry harassment or anything else for divorce. What can possibly we do now. We want to live with grandson
Asked 6 years ago in Family Law
Religion: Hindu
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13 Answers
This is clear case of manipulation by parents, until girl herself not understand nothing can be done. Child cannot be taken out of Indian without court order or until wife herself agree for it.
Give some time to issue and record all her words at least this that she herself deserted husband and at the instance of paretns and she never subjected to domestic violence and dowry demand.
1. It appears that your daughter in law does not want to live with your son and she is passing on the blame for the said decision on her mother. Had she been willing, nobody could have prevented her from joining her husband.
2. If one is unwilling to stay with her/his husband/wife, no law can force her/him to go against her/his wish.
3. Let your son ask his wife whether she wants to live with him at his place of employment or with his family or wants to stay separately.
4. If she wants to stay separately, your son should negotiate with her and jointly file a mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months fro the date of its filing.
5. After your grandson crosses 5 years age, your son will become his natural guardian and then your son can file a petition claiming child custody for the welfare of his child.
You can ask your son to apply for child son custody and RCR for desertion of wife.
- As per law, a wife is bound to live with her husband , and further she cannot refuse to live with her in-laws as well.
- Since she a major and given her consent at the marrriage with your son , hence it is not presumed that her mother is not allowing to accomapany with your son.
- Firstly your son should issue a legal notice for joining the matrimonial life , and further on refusal he should file a petition for restitutioin for conjugal right.
- Otherwise , he has a good ground for divorce as well .
- Further, if she also not interested to continue the matrimonila life with your son , then either of the parties can file a petiton for divorce under Mutual understaning , and thereby can decide the future of kids as well.
You can file a writ petition in high court for habeas corpoes the court will direct the mother to produce her daughter before court and allow her to go with you
Sir first of all you have to decide that you want your son to be divorced or not.
Because your question is confusing you are saying you are ready for divorce but want to live with your grandson. And these two thing cannot happen concurrently.
You should go for mediation between son and daughter in law through some relatives.
Once she come back ask her to talk less with mother but don't say it directly keep her busy or something ask your son to tell her that her mother is creating problems between them make her understand.
See you can son can file a restitution petition before the court seeking order for wife to cohabit with him in case RCR fails and she is not ready and willing to stay with him they both can apply for mutual divorce if for same she is ready other wise for divorce son has to file for contested divorce.
1. Your son can file a petition for dissolution of marriage on the ground of cruelty.
2. He is also free to file a petition for child custody. The least that he will get is visitation rights. The court can also award shared custody of child to both his parents.
If she is also inclined to get separated, divorce by mutual consent is the solution.
Regards
G.Rajaganapathy
High Court of Madras
1)your son can file a petition under section 9 of the Hindu Marriage Act with deals with restitution of conjugal rights.
2)try to settle dispute amicably through an mediator.
It is a combined drama played by both the daughter and her mother.
You cannot do anything about it when she refuses to rejoin your son.
Neither your son can force her to company him to Malaysia or elsewhere if she is reluctant about it.
For the time being you can allow the time to anser.
Let your son or you remain silent becasue you both have given sufficient opportunity to her to return and were also kind enough to take care of her in all the best possible manner.
In my opinion you may wait patiently for another period of six months to take any concrete decision on this.
No hasty decision at this moment will fetch you any fruitful result
Dear Sir,
It is better to file Restitution of conjugal rights against your wife in family court.
If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
- she can file any case as she likes
this RCR will dilute the seriousness of her cases
3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce
- You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a competent court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
