• Seeking advice on how to bring my wife & newborn son to my home in Bangalore amidst family conflicts

Hi, I'm from Erode (Tamil Nadu) and currently working in Bengaluru (Karnataka). My wife and I got married in May 2021 and she became pregnant in April 2022. We were living together in Bangalore, but my wife went to stay with her mother immediately after finding out she was pregnant. Since then, we have had several small quarrels and she has not returned to Bangalore or our native home. Our son was born on February 25, 2023, and currently, my wife and child are still staying with her parents.

During a recent visit, my in-laws treated us poorly and did not allow me or my parents to hold or care for our one-month-old son. This caused a huge argument, and now I am hesitant to visit my wife's parents' home. I have a strong desire to be a part of my son's life and raise him from a young age, but my wife often listens to her parents instead of me.

My in-laws' home is located in a remote area with inadequate facilities, including education and medical care. Their home is also not well-suited for raising a child, as it is made of cement sheets. I am worried about our son's health and would like to take him for daily walks in his stroller, but my wife is not willing to leave her parents' home.

While it is reasonable for my wife to stay with her parents for some time after our son's birth, I am unsure how long this arrangement should continue. When can I legally call her to come to my home in Bangalore with our child so we can be together as a family? I would appreciate any suggestions or options you may have.
Asked 2 years ago in Family Law
Religion: Hindu

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6 Answers

Visit a family counsellor with your wife to resolve your differences 

 

2) call meeting of elders of both families to work out amicable settlement 

 

3) you can file petition for RCR if wife refuses to return to her matrimonial home .also seek joint custody of your child 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

1.  Anybody can understand the concern and affection of a father towards his little son.

2.  Since your son was born recently, try to settle the matter amicably and convince your wife that you would be providing a good cleaner environment in Bangalore for raising your son and ask her to join you as soon as possible with the kid.

3.   Inspite of waiting for quite a long time if your wife doesn't co-operate with you, send a legal notice to her to join you in your marital life.

4.   If she is unwilling to join you in your marital life, file for Restitution of Conjugal Rights in the jurisdictional Court and based on the Court 's verdict, further legal action can be initiated.

 

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

If you want to handle the issue by adopting legal measures the rift between you both will further escalate and you may have to face more problems due to which the situation for reconciliation as well as amicability between you both may not be in sight and it may even push you for long drawn legal battles.

Therefore you can ask elders of both sides to arrange for conciliation meeting and get the problem solved amicably, or you may issue a legal notice demanding her to return to the matrimonial home giving a time period.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Dear client,  

I understand that this is a difficult and emotional situation for you. Since you and your wife are currently living separately and your son is staying with her parents, the first step would be to try to communicate and come to a mutual understanding with your wife about your concerns and wishes.

It is important to note that legally, your wife is not obligated to come to your home in Bangalore with your child, as both parents have equal rights to the child's custody. However, you can try to reach a compromise with your wife by discussing your concerns and proposing a plan that works for both of you.

You could consider seeking the assistance of a mediator or a family counselor to help facilitate communication and reach an agreement that is in the best interest of your child. It may also be helpful to consult with a family lawyer to understand your legal rights and options in this situation.

Ultimately, it is important to prioritize the well-being and best interests of your child, and work towards a solution that is beneficial for all parties involved.

 

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

Id she is ready and in-laws are obstructions you can file police complaint and seek help 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

File restitution of conjugal rights petition before Family Court 

Ravi Panwar
Advocate, New Delhi
116 Answers

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