• Wife staying at parents post child birth

I have been married since 2014 Jan and had a child. Daughter on 2016.My marriage was fixed through news paper ad. Nd this is my 2nd marriage. 
The marriage was fixed by my late mother who passed away in late 2013.My father is bed ridden since 2015 and there is enough maid ,nursr support at home to look after him and cooking etc. 
We stay in a independent house which is quite big. After my daughters birth, my wife with her child moved to her parents and stated she would stay there for 2 to 3 years. I used to visit them regularly and pay monthly for my daughters aayas expense. In 2018 dec my father in law expired and on 2020 my mother in law had broken hand surgery and heart surgery. 
My wife is now stating it would be not possible for her to stay at my place as it would be very difficult for her to commute to her school and my daughters school. 
I was also terribly ill in 2019 and under medication right now. I have noticed a sudden change in my wife's attitude and he rarely calls me.. Everytime it's me who calls them. 
I am not sure where I am heading please guide me.
Asked 5 years ago in Family Law
Religion: Hindu

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15 Answers

You can issue wife notice to return to her matrimonial home 

 

2) if she refuses file petition for divorce on grounds of mental cruelty 

 

3) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 

 

4) seek joint custody of your daughter 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. If a wife refuses to stay with her ailing husband even in presence of all comforts then certainly the marriage is not working.  Her apathy to remain in touch with you confirms such possibilities. 

2. Due to prolonged separation there is likelihood of some one else coming into her life as well. 

3. Therefore meet her in person and have a free and Frank conversation with her about the fate of the marriage. 

4. If she is not willing which appears to be so its better to dissolve the marriage by mutual consent. 

Good luck. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

And her notice to resume matrimonial life with you. Offer her to let her mother also live with her if she wants.

Commuting to her school and child school is not a sufficient reason to live separate. Child can get admission near by your house.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- As per Supreme Court judgement, 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.

- Further , Supreme Court in a matter of Vidhya Viswanathan vs. Kartik Balakrishnan , AIR 2015 SCC 285 has held that , Not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, amounts mental cruelty to such spouse, and also a ground for divorce. 

- Hence, being husband and wife , the marital relationship/sexual relationship is necessary for living together. 

- If she is not interested to live with you , then take her consent for mutual divorce , and if refused then you can file divorce on the ground of cruelty and above mentioned grounds. 

- Further , if want to live with her , then send her a legal notice to join the matrimonial life , and on refusal you can file a suit for restitution of conjugal rights

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

You are passing through a testing time and you are suggested to have the mental and emotional courage to deal with the things. Take help of some family friend or relative and talk to wife directly and clearly as to what is there in her mind and then make your strategy accordingly. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You file an application for Restitution of Conjugal Right before Family Court seeking cohabitation and injunction against the wife to leave your house frequently messing up your normal because of admant behavior being mated out to you.

You may take the care of your mother in-law as well to save your marriage. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You need to decide first whether you want to continue in this marriage or not. On the basis of that you can file divorce to get separated or RCR petition to get her back if she is away

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You have to find out that where is this relationship is going.

Legally 

If separation is close than file divorce case otherwise talk to her and try bringing her back to improve relationship

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

What is that you have planned about your married life.

Do yo want to continue this or would like to quit it owing to the practical difficulties and the hardships that you are facing.

If you feel that this situation would not be anymore feasible to continue then you can ask her to give mutual consent divorce so that you can quit this married life forever peacefully or you can think about filing the divorce case contested on the grounds of cruelty.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear sir,

This issue is at such stage where it is best to resolve the differences amicably without by communicating clearly.

If things are not resolved, you can initiate proceedings for restitution of conjugal rights, if you wish to save your marriage or for divorce, if you want to end it.

Since the dispute might turn ugly in future, it is advisable that you keep all the evidences safe with you. Save all your call recordings, messages, photos, medical reports, medical prescriptions, bills, gifts exchanged etc. The idea should be to collect everything in order to prove your case and counter her possible allegations against you. If her  All these evidences will help you immensely in the investigation and trial. 

Hope this answer helps.

Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

She is living apart from you for many years now. She may not b3 attached to you and may be having an affair or she just wants to live alone.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

There is a echo issue rather than a legal issue. Try to talk to your wife directly or with your MIL about this and sort it out. You can file a suit for restitution of conjugal rights against her.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

you can file a petition under section 9 of the Hindu Marriage Act with deals with restitution of conjugal rights

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. The situation faced by your wife does not warrant her to come to your house.

 

2. There is external situational pressure which resulted in to her getting burdened with the illness of her mother.

 

3. It is also a fact that she is required to take care of you also and run a conjugal life.

 

4. Negotiate with her and mutually settle for a compromised solution to save your marriage in the interest of your child.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You should ask your wife to return back to your home with help of some elders or friends.

2. If she still refuse to come back file RCR petition to bring her back with help of court offer her that you would keep her mother with you if she wants to stay with her. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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