• Wife has left me with 4 months baby and refusing to return back

My wife has left me with 4 months baby and refusing to return back.We had been married for a period of 2 years 4 months. Last year 2015 August she went to her home when she was 5 months pregnant. Before 5 months I went for my job abroad ,I am a marine engineer. On the day of my arrival we had a girl baby.on the 56 th day of delivery,In laws told me she was not giving milk to baby.she had some mental depression. I told them to show doctor but they didn't show and on the 90 th day they brought her to my house. I frequently visited their house to see my child.but when she was brought to my house she was not normal.she was taken to hospital ,unfortunately I had conjunctivitis eyes I couldn't go because it was a spreading disease.Later doctor told me she had two mental diseases i.e post partum Psychosis and the disease which already existed was personality disorder in developmental stage.after that she was discharged from hospital.but discharge case sheet was not given to me.because her father had told not to give to her me.They discharged her and took her.I went there but she is not returning back to my home.Pls advice me what should I do?
Asked 7 months ago in Family Law from Thiruvananthapuram, Kerala
Religion: Hindu
1) after birth of baby some ladies do suffer from depression . Give her some time to recover 

2) take the help of elders to help in reconciliation process 

3) visit her at her native place and convince her to visit a marriage counsellor 

4) gather evidence of her préexisiting  mental illness 

5) if wife does not want to come back file for divorce by mutual consent
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
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1. You cannot bring your wife back home without her consent. A petition for restitution of conjugal rights can be filed against her but the court cannot force her through judicial orders to return to her matrimonial home.

2. A petition for child custody can be filed to claim the custody of child. The court will see which parent is better placed to secure the welfare of child, and hence qualifies to get the custody. The least that you will get is visitation rights.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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You have to first obtain the medical documents pertaining to her mental ill health, secure them.
You can obtain medical examiner's opinion related to her health and the possibility for getting cured if proper treatment given and she follows the medical recourse properly.
You should issue a legal notice stating that she deserted on her own from the said date and is either not willing to return to the matrimonial fold or is interested in leading the married life with you.
You can also state that you are still ready and willing to take her back and are ready to give her proper medical treatment to her mental health problems she is suffering now provided she returns to the matrimonial home within a time stipulated in the notice. You can also mention the plight of the innocent infant which suffers the loss of maternal love and affection due to her decision to desert both the child and her matrimonial home and discontinuing the married life with out any valid reason.
A legal notice clearly containing all the details should be sent to her address by registered post.
Secure all the evidences for future litigation or even a divorce to be contemplated in this regard.
You may decide after giving one more chance to save your marriage to continue with your married life or to dissolve the marriage by a decree of divorce on the grounds of mental cruelty and desertion.
Consult your parents and a local lawyer on all such further steps in this regard and decide patiently especially in view of the infant child's interests and its future
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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