My wife left home after 5 years marriage
My wife left home 3 times from last 7 month and living in her mother’s home. 2 times I convinced her and took her back from her mother’s home. But now again before two month she left home without any information , This time I did not call her a single time because I thought she must realize herself and must return her own will. We have a 4 years son and he is studding in KG I class. Reason behind living home is she is being detached with her in-laws due to some common family issues; she also detached our son from his Grandmother and Grandfather. This was the reason of our regular argument with each other. She is not able to adjust with my parents. She never said that she is not willing to live with my parents but she also not ready to adjust with them.
Now she is at her mother’s home with son, So our son is not able to attend school from last two months. If a student is being absent 2-3 month from school, then school authority can withdraw his name from the school and he will loss a year of study.
Please suggest me, what I need to do to return her.
Asked 2 years ago in Family Law from Nagpur, Maharashtra
1) it it in your interest to stay in separate rented flat with your wfe
2) the flat can be near your parents place
3) your child can meet his grand parents on weekends
4) consult a family counsellor to resolve your differences
5) dont take any legal proceedings . let the elders step in to resolve the stalemate
My native place is Gondia and currently living in Nagpur in rented flat with parents and wife. As my parents are old age so it’s not good to live separately with them.
I am already consulting a family canceller for this, Canceller have suggested me to let her(wife)take initiate herself or her parents, this will take some more time but it is needed to understand and realize herself.
Most important thing is all this will affect child’s school and may be this year loss his study.
Asked 2 years ago
Go by your counsellor advice
Try to negotiate a talk with her if you really wants her back.t ry through relatives or common friends to have a talk to convince her not to spoil your child's life.you too speak to her ,if marriage can be saved by making this initiative do that .
Most marriage have problem ,but in-laws minus a marriage is not practical if both parties are not agreeable to that idea.so tell your wife that you can't abandon your parents and you will not leave them.she should make her own small family with the big family of her -in laws.
Law provide a right to have a separate accomodation if a wife chose to, but it is also there a husband can't be forced to leave his parents to provide wife a separate accomodation
So adjustment.from both the sides I.e, your wife and your parents is needed to have a happy domesticity.
Taking any legal steps will spoil the relationship,so handle it wisely.take a legal step when you feel your interests are infringed and threat to you and family consisting your parents.
If your wife is very stubborn, move to court with an RCR asking her to return
If you make up your mind for a divorce then file a divorce seeking custody of your son.
Wife is entitled for maintenance if she is not earning.
Once both parties agree for a divorce ,a joint petition can be filed or after initaing a divorce from you the same can be settled and convert into a Mutually consent divorce.such situation alimony /maintence and custody of your son càn be decided Mutually.
1. You cannot bring her back without her consent but you may file a petition for restitution of conjugal rights against her to seek a decree from the court asking her to resume performing her conjugal duties.
2. To get the custody of your son you should file a petition for child custody and seek the immediate interim custody as his education is suffering. In child custody petitions the only consideration for the court is the welfare of child.
you should file a case under section 9 of the hindu marriage act for the restitution of conjugal rights. she has no reasonable cause for living separate. refusal from union of husband is the main ground for the restitution of conjugal rights.
if you file any petition for custody of child separately form the restitution case then you have to file such petition before the district court of Nagpur, first you file restitution case then seek additional remedy in the same petition. both cases will run at Gondia district.
If she is staying back in her mother's home without any reason it can be considered as voluntary abandonment of the matrimonial house, hence you can issue a legal notice asking her to return or else you will be constrained to initiate proper legal action on this .
If it is possible you can grab the child from her custody from her home and bring it back to your home for enabling it to attend the school properly and regularly.
Taking away the child by the father from its mother cannot be considered as kidnapping.
If you would allow time for your wife to think about the situation and realise the practical problems, it certainly take time for reconciliation and deciding positively, this will affect the child's education and well being very badly.
The ego fights between the spouse will certainly make an adverse impact in the minds of the child hence decide about arriving at an earlier and amicable solution to solve the present crisis.
Last year before 12 months I had asked above questions. That time as all of yours suggestions I sort out every thing wisely and brought her back her approximately on 26th Sep 2016. Then Son completed his school of KG1. Everything was being well, but not exactly what I was expected. She was still being detached with her In-Laws and she also kept our son away from his grandfather and grandmother, some time from me also. I was still kept patient and gave her some more time to understand. Now my Parents became totally neutral (from last 4 years) with her and they never asked anything to her, even they not speak with each others without any strong reason, still she is very negative with them.
This 6 May 2017 again we argued very strongly due to her immature behavior and due to last 6 years frustrations I also loss my self control and I raised my hand on my wife.
Next Morning she become ready to go her mother's home and said to me that she will return after two days. I understood her to forgive what happens last night and also apologize for my wrong way of behavior, but she refuse to stay and went her mother's home
After two days I called her and asked her to come back, she refused.
When our son's school become start on 1st July 2017 I visited her mother's home personally, she kept a condition to follow "Parmatma Ek Sevak " I said you can follow whatever you wish and I also will support you for that but I can not force my parents for this, She said hole family of a home should follow this.
I stay calm for a month. After a month I called her and she said our son is missing you lot, so please visit him once. Again on 6th August I visited and talk to her and with her mother and brother but no one was ready to speak on this and she is also not speak any more. Her family members are seem to be supporting her in wrong way. finally she said that she is not feeling well and asked for 15 days more time. and now 25 days are passed but no any answer.
From last two month our sone is not going to school. I willing and ready to bring her back without any condition but no one is talking, even they do not receiving my call.
From last 3 years I am regularly following my psychiatrist, she is suggesed me to keep patient, but this way son's school is get missing and no one is answering any more even they are not speak clear. How long should I wait for her answer. Its about 4 moths passed away she is away from my home with our son and last year she stayed away about 6 month.
Please suggest me on this.
Asked 10 months ago
1) file petition for RCR and also seek custody of your son
2) mention that inspite of repeated requests wife is refusing to return to her matrimonial home
3) rely upon messages , emails sent to wife in this regard