• Sending notice to wife to come back

Hi

I got married on 15th May 2015, things were fine till July 2015. In July my wife went to her parents house to write her 2nd year degree exams. During which I got a call from her asking me to end the marriage. Later discussions with my & her family members, issue was resolved.

In Aug 2015 she was consummated. In Sep 2015, her dad made some abuse comments over phone to me for not calling her for 4 days. Later She didn't return to my house till Nov 2015. 

On 12th Nov 2015 I went and brought her back to my house. But within 5 days she left the house and returned to her parents.

On 10th Mar 2016, baby girl was born to my wife in Davanagere city but nobody informed me. Later somehow my Dad got information n notified me. I went to see my baby & wife on the same day. But no body responded to me. My wife didn't speak to me on that day.

On 08 June 2016, I went to her city Davanagere where she resides. I phoned her to let me see the baby. However she didn't respond. I have asked their new house address to visit. but they refused give the address. Later I got the information about my wife & kid staying in her Uncle's house.

I visited the house. no one from her family spoke to me. My wife didn't come out of her room to see me. Knowing about this I waited for some time and left the house.

On 04th Aug, I phoned my wife but no response from her. Later I called her parents & her elder brother. They showed no interest in sending my wife & kid to my home

Now I am planning to send her notice asking her to come back with Kid.

Please suggest what to do

Thanks
Harish N
Asked 4 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) you should send letter to your wife that although marriage was solemnised in may 2015 till date she has hardly stayed witht you for period of 3 months 

2) that she had gone to her parents place for delivery of the baby in Nov 2015 and till date not returned to her matrimonial home

3) mention the visit made by you to her residence and her refusal to meet you during  your visits 

4) request her to intimate date when she is going to return to  her  matrimonial home with your child 

5) also mention that you would be willing to travel  to her native place on date and time fixed by her .

6) request her to submit reply at the earliest

Ajay Sethi
Advocate, Mumbai
23124 Answers
1214 Consultations
5.0 on 5.0
it is better you get the notice drafted by local lawyer . 

2) do not make any accusations against her 

3) notice sent by you will be helpful in case wife files any false cases of 498A/ DV against you and your family members 
Ajay Sethi
Advocate, Mumbai
23124 Answers
1214 Consultations
5.0 on 5.0
well this is very annoying that why your wife is treating you like this.
and why you want to send a legal notice if she is not willing to stay with you you can't force her.
i think your parents or elders can contact her family and ask the reason what she wants and why the behaving like
this..first know the reason..because you also have a full legal right to see your daughter..dont send any legal notice 
just file complaint in magistrate court that your wife and her family not allowing to see your baby..i think you should take this action because may be they will also want to take any legal action against you you should take action first..
involve your family too...
Regards
Sapna Seth
Sapna Seth
Advocate, Chandigarh
18 Answers
0 Consultations
4.0 on 5.0
Hello,
1) Instead of sending a notice to her to come back, you should file a case of Restitution of Conjugal Rights in the Court by which the court will order her to return to you with the child.There will be counselling sessions in the court to advise you both to amicably settle the disputes between you.

2) You must be prepared for cases that your wife may bring against you such as DV case, 498A complaint etc and you must deal with them on merits.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hi
 You should send a notice of RCR, asking her to join you in the matrimonial relationship .

in the notice you should mention the chain of events happened from the inception the marriage and how she  was keen to be with her parents and now for no particular reason assigned she has left you and deprive you of your fatherly love for your daughter. 

if the notice is not responded positively within the notice  period  You can  file a petition for RCR (Restitution of Conjugal Rights ) in the Court where she resides presently or where the marriage took place or the last residence where you stayed together . Notice is not mandatory to file for RCR, this means without sending a notice you can file RCR in the court and send her a summons from the court.



Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Since both you and your wife last resided in Bangalore as husband & wife you may file a petition there for RCR. Where there would be a question whether your wife has a reasonable excuse for withdrawal from her matrimonial home ,the burden of proving shall be on your wife. 
Sushil Jha
Advocate, Patna
161 Answers
0 Consultations
5.0 on 5.0
As per My opinion, the notice is not valuable for you, it will be better to file RCR petition before family court and claim your wife to come back by the court proceeding/court order and if her parents or she is willing  to file any case against you and your family then this RCR case will help you to get sympathy of the court and her cases can be consider as counterblast case.

Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
You can proceed to issue a legal RCR Notice demanding that your wife come back and rejoin you and restore your conjugal rights immediately duly accompanied by your child. Send the notices to both her address with postal acknowledgement, if she fails to come back within 15 days, then go ahead and file a petition under RCR seeking an order from the family court to restore your conjugal rights forthwith. 
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1. First decide about what do you want to do now with your this type of matrimonial relationship,

2. Examine whether there is any chance of reconciling with your wife at this stage. If it is possible, then reconcile the dispute/difference amicably trying to understand her grievances favourably in the interest of your daughter,

3. If you find that she is not interested to reconcile, then ask her for mutual consent divorce which will be settled within 6 & 1/2 months from the date of its filing,

4. If she refuses to file a joint petition for Mutual Consent divorce, file a divorce suit on the ground of cruelty against your wife.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
You have not stated that for what reason did she leave your house i.e., her matrimonial house/

She should have some specific reason for not rejoining you or even talking to you properly.

Well, in any case you can always send her a legal notice asking her to return to the matrimonial fold.

If she fails to respond within the stipulated time in the notice, you may file a petition seeking restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
1) in RCR notice basically you have to mention that wife has left her matrimonial home on her own accord in November 2015 during her pregnancy . . 

2) the baby was born on 10th March 2016 and you had visited her at her parents place on receipt of news of birth of the child 

3) inspite of repeated telephonic requests , message she has refused to return to her matrimonial home 

4) request her to intimate date when she is going to return to  her  matrimonial home with your child 

5) also mention that you would be willing to travel  to her native place on date and time fixed by her .


6) no need to mention about your mother in the notice 

Ajay Sethi
Advocate, Mumbai
23124 Answers
1214 Consultations
5.0 on 5.0
Further Question:

I live with my Mother who is 64 Years of age. I work in a private company and will be occupied with work for more than 12 hrs a day. it is very difficult for me to look after my aged mother all the time.
Can I include this matter in the Notice for RCR case.


You cannot ask her to return to your home to take of your old age mother.

She will feel offended by such words and will backfire your true intentions with some other meaning drawn by them through your words. 

Better draft the pleadings with carefully chosen words. 

In my opinion filing RCR is just  formal exercise to show that you are interested in resuming the broken marital voyage whereas  in practice it is actually impracticable. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
1. What is the reason for which she does not want to return to you?

2. It is very unnatural that for not ringing his daughter for 4 days, the father in law abuses his son in law,

3. However, please note that filing of RCR is of no use since even if you get favourable order from the Court directing her to join you, she may refuse to return and in such case your only advantage is that you will get divorce quickly when the RCR case may take 4 years,

4. You can file a Divorce Suit instead on the ground of cruelty and send he a legal notice accordingly if she does not want to file a joint petition for mutual consent divorce. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. You can file contested or mutual consent divorce petition but you shall have to keep in mind that divorce should be avoided at all costs since it is the 2nd most stressful event in one's life,

2. Try to settle the dispute with her for which she is refusing to join you.  
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
You are free to issue her a lawyer's notice to return to her matrionial home. If she does not heed the notice then a petition for restitution of conjugal rights can be filed against her. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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Be prepared to face 498a and DV cases which she can file in return  Apply for AB if and when the FIR gets registered.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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