• My wife left home after 5 years marriage

Dear Sir,

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 3 months ago in Family Law from Nagpur, Maharashtra
Religion: Hindu
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 



Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
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Go by your counsellor advice 
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
Hi
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.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
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. 
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
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. 
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0

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