• My father in law is not allowing me to meet my wife

I have been married for 11 years and suddenly my father in law has taken my wife and my daughter(6yrs old) away from me. Now he is not allowing me to meet her or even talk to me on phone with her. According to him he says that my wife is suffering from depression because of me and hence she will not live with me anymore. I cant live without my wife and my daughter. Do I have a right to meet my wife or not ? As my father in law and brother in law is not allowing me to do so.. I personally want to ask my wife or hear from her mouth that she does not want to live with me.
Asked 4 years ago in Family Law
Religion: Hindu

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26 Answers

Your father in law cannot decide the fate of your marriage. Only you and your wife can.

As he is not allowing you to meet her, you can file a petition for restitution of conjugal rights under section 9 of Hindu Marriage Act.

Section 9: Restitution of conjugal rights: When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1) you can issue wife legal notice to return to her matrimonial house 

 

2) if she refuses file petition for RCR under section 9 of HMA 

 

3) also seek joint custody of your child 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You have full rights to meet your wife and daughter.

 

You can make police complaint and in women's cell from same police station. Police will call all of them to meet in the women's cell. For further counseling.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Who owns the house?

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1. You seem to have love for your wife still now and this is most essential for survival of your marriage in all circumstances.

2. Go and meet your wife at all costs even without consent of your father in law. If you remain sincere in your conduct you can surely bring back your wife in your life.

3. Do not file any suit as yet as the same aggravate the situation. 

4. Only in the event of your consistent effort you fail to meet your wife then only seek help of police and court.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

In that case, they can ask you to vacate the house. You should give it some time for now and try to talk to your wife afterwards. 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You can lodge a criminal complaint with the local police against your father in law and brother in law for illegal confinement of your wife.

You can also file a complaint under section 100 cr.p.c. before the competent magistrate for issue of search warrant.

 

This makes the position clearer that the Court is bound to take into consideration the conduct of the petitioner. If the petitioner has by his own misdeeds forced his spouse to leave him, he cannot be allowed to take advantage of his own wrong and ask for the assistance of the Court to perpetuate his own wrong doing.

 

Alternately the police can register a complaint under section 347 cr.p.c. for illegal confinement against her father and brother. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Your father in law cannot ask you to get out of your own house, he has got no rights for that, you can refuse to leave and call police for help against his arrogant and violent activities.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If you are paying  the rent for the house then you can very well fight against it, if she is paying  the rent then you can decide about whether to remain there or to leave the house.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Rental agreement is in name of your wife 

2) ask your wife to give in writing that she wants to stay separate from you 

 

3) you can file petition for RCR if you so desire 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

- Do consult the family counselor office designated by Govt office, it is free services and both the parties shall be called by them for initial understanding.

- If the matter doesn't get solved by counselor then with the recommendation of him, it will be sent to judicial procedure.

- You can file RCR in the meanwhile in family court under HMA 1955.

 

Regards

 

Vivek Arya 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

See you have right to seek your wife and daughter you can file a police complaint that your father in law and brother in law are intimidating you and not allowing to meet your wife and daughter.

Further you can send your wife a restitution notice if on notice if she fails you can file a RCR petition before the family court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You should approach police take there help and they can help you to mediate between your wife you and your father in law.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See even the house agreement is in your wife name you both were staying there and they cannot throw your out like that.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear sir, 

I have read your query and i am of the view that it might be a ego clash between you and your father in law, whicvh can be taken care of or settled through mutual settlement or mediation. You have legal remedies also which are filing an application under section 9 of the Hindu Marriage Act, 1955. Otheriwe, you can approach the police and file a criminal complaint as that will be straining the relationship more. 

Mutual settlement will be the best option according to be, to which i can help you.

You can contact me for consultation. 

Regards, 

YUGANSHU SHARMA

ADVOCATE 

DELHI HIGH COURT 

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

Lodge private complaint to magistrate against your father in law for forcebly keeping your child and wife. 

You will get relief.

Till law comes to your help you should act manly and take reasonable steps against odd thing being done to you. 

You enter your rented house. Or call police immediately.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

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.

 

  1. 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

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Always be tolerant for discussions and amicable solutions for family Disputes. You directly talk with your wife and inform the problems, what you are facing in all fronts, don’t involve other persons between your discussions, which will end up without positive results. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

issue a legal notice to your wife and file section 9 RCR petition. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You should file petition Under section 97 CrPC for production of person wrongfully confined.

Or you can file a writ of habeas corpus against your father in law for producing your wife so that you can talk to her. 

Or you can file section 9 Hindu Marriage act in family court for Restitution of conjugal rights against your wife. 

In RCR petition you can ask court to order for mediation between you and your wife. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You have all the rights to meet her. If they don't allow you you can take police help or file writ of habeas corpus in high court

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

- As per Supreme court judgement , women are expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Furthe, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further as per law, your father-in law cannot separated you both due to any reason, it is the wife who only, who has to think for her better life . If she is not coming forward , it means her consent is with her father.

Since, she has left you , then for your safteguard , you should send her a legal notice after narrating all the facts , and therby you should ask her to accompany the matrimonial home within one week..

- Further, you should also lodged you complaint before the police and higher official against your father-in-law ,after mentioning the details and also for threating to implicate you in false dowry cases.

- Further, if she not accompanying you, then you can file a case for restitutiion of conjugal right on the basis of issued legal notice and complaint .

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Yes you have a right to meet your wife and if they are not letting you meet her file a petition in the high court.

Regards 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

You should approach the authorities. Who is he to remove you from your own property.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

You must be paying the rent and that is sufficient.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

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