1. See if you want to bring back.your wife you can file for Restitution of conjugal.rights before the court citing that she has deserted you. Also file for custody of the children and pray for interim visitation rights pending the petition.

You can file for custody of your son and visitation rights in case the complete custody is not granted.

Yes you can also proceed without grounds of cruelly in the said matter. You can seek custody of your child

1. if you want to remain in the matrimonial relationship, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court,

         and,

1. if you want to terminate the matrimonial knot, then,

try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you have two options,

one option is to,

file contested divorce on the grounds of mental cruelty, desertion but it will take many years,

also once you file contested divorce she will surely file/claim

498a complaint 

Domestic Violence case

maintenance,

so be ready for them too,

and,

the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,

RCR will work as a safeguard to 498a, maintenance, DV etc

considering the tenure of the marriage and the child, RCR is advised

if the things didn't settled, you can also file a custody case,

The mother usually gets custody of the minor child, under the age of five. but after five it can be given to any parent.

various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc

The most important factor is the BEST INTEREST OF THE CHILD.

You can file petition for divorce on grounds of mental cruelty as your wife is refusing to stay with you 

2) seek sole custody of your son 

3) if you want to stay with your wife then file petition for RCR 

Act as mentioned herein above 

1. Your matter cannot be adjudicated before the Human rights body.

2. You will have to file matter before the Family Court, for custody of your Child and RCR against your Wife.

3. Depending on the outcome of the above, you will have no option left but to file a Divorce petition against Wife, for abandoning you for over 2 years and the cruelty being faced by you, more so when wife herself is not interested in staying with you, further more so since if you do anything forcefully, you become liable for various false criminal cases by wife. Hence consider this deeply.

1. Depriving a child to meet his father is not human rights violations.

2. To get back the child or to have his custody you can file a suit for custody of the child.

3. In such suit during the interim stage you will get order to spend time with the child.

4. Since such suit takes time it is advisable to settle the dispute amicably. 

5. Involve a common friend or relative to break the ice. 

First, you should understand their minds and what they wants exactly, how you should behave, talk, act etc... make a list of it and then think what is good for you and your son plus to keep this marriage alive. See what are her merits and demerits, yours, and son.

What your In-laws are thinking about it why they are against you in such deep, WHY?  make a list about this also then you will come to situation what exactly went wrong in this past 11 years of marriage life. You have to work on it.

Now you are just defending your side that they are not allowing you to enter their home and feeding negative feelings against you in your son's mind.

Need to know both of understanding.

Hi

File two petitions. 

1. Child Custody Petition 

2. Section 9 RCR

Thanks

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court. and also child custody case in the 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
2. 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.

Dear Sir,

It is clear from your input that you are suffering from emotional strain but you are suggested to be strong and be ready to tackle the things tactfully and firmly. In many cases, girls parents play an important role in spoiling the married life of their daughters and same may be your case also. You are suggested to write emails, postal letters in order to create a proof and mention all the love, affection and care towards your wife and child, welfare of child, necessities of both parents for complete development of the child, etc. Also keep copies of these letters and use later it as proof, if they don't understand and come back to you. You may write to human right or child care department of the development for visitation of child, his development and your rights to know about him. If the things are not solved, file the cases of restitution of conjugal rights against your wife and also the case of child study.  

You can file petition in court for custody of child. Court may grant visitation right. 

Sole custody of child supports mother.

If you are really interested in rejoining her and live together and want to save your marriage, you may file a RCR petition before concerned family court.

Hoover please remember that even if you get a decree in your favor after long and arduous trial of three to four years, she cannot be compelled to live with you against her  willingness. 

But you can always file a child custody case and also an application to visit your child periodically  as an interim relief.

This case cannot be filed before human rights commission.

for seeking your child under your custody you need not have to file a divorce petition.

Child custody case is different to that of the divorce case.

You can very well file a child custody case under guardians and wards act as suggested earlier.

You may discuss with your advocate and take a decision in this regard.

1. You should file RCR petition in court stating the reason that your wife demanded a separate accommodation which you already accepted and shifted to their city and now they are not even picking up the calls.

2. You should also file case for custody of your child on ground of natural guardian and pray for interim relief of mandatory injunction for visitation rights till decision of suit. 

1. Since your son is more than 5 years of age, you are his natural guardian.

2. You can file a child custody case claiming custody of your son  on the ground of his welfare.

3. Meantime, you negotiate with your wife to understand what does she want. If both of you decide divorce, then you can jointly file a mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months.

4. However, it will be prudent on your part to amicably settle the dispute with your wife since divorce is considered as the second most stressful event in one's life and you never know whether your next wife will be any better.

You can file child custody case claiming custody of your son as suggested in my earlier post.

- As per Supreme Court judgment, wife is 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. 

- Further, 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, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- AND further, if wife Living Separately from Husband without Any Reason Can’t Get Maintenance, and further this is a good ground for getting divorce from the court of law.

- Since, she is not interested to live with you, then you should send her a legal notice to join the matrimonial life.

- If, within 7 days of time , she not response , then you file a case for Restitution of Conjugal right , on the ground of the said legal notice.

- Further , If she is not interested to live with, then try to take her consent for mutual divorce, on the condition of custody of kid . 

- Yes, you can lodge your complaint with Human right , but they are not bound take take any legal steps in the family matters. 

You can file a restitution of conjugal rights case before Family court and if the court finds out that your wife have left without proper reason then court will order your wife to resume the conjugal relationships.

it is possible to ask for the custody of child without divorce proceedings but before granting custody court consider certain fact.but in any case u r sure to get visitng rights.

Dear Sir,

It seems you are most considered with your son. Immediately file a Child Custody case and it will be allowed as follows.

===========================================================

Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes

In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.

The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons.

http://www.hrln.org/hrln/child-rights/pils-a-cases/1685-landmark-judgment-pronounced-by-sc-dealing-with-guardianship-a-custodial-and-visitation-rights-to-parents-and-children-stuck-in-matrimonial-disputes.html

CHILD RIGHTS COMMISSION ACT 2006

http://www.kscpcr.com/eng_ver/actsandrules.php

The Karnataka State Commission for Protection of Child Rights (KSCPCR)

4TH FLOOR, KRISHI BHAVAN, RANI CHENAMMA CIRCLE

NRUPATHUNGA ROAD, BANGALORE-

Such Commissions are situated in Every State

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Bombay High Court

Forum For Fairness In Education An ... vs Union Of India And 2 Ors on 2 May, 2016

Hello,

File a case for restitution of conjugal rights and in the meantime file a GD against her and always allege her ill temperament and cruelty towards you and your child and also against her family for criminal intimidation. After that file  divorce on the ground of desertion, cruelty etc.

Regrads

You should file a habeas corpus petition in the high court. The judge would call him and his wife and your wife and ask what is going on.

You will have to file a custody case in the district court. The judge will ask the son too if he wants to stay with you.