Dear sir/madam, I'm upset about my spouse. May 2014 I got marriage with her. My spouse always speak lies to her parents by which both of family made arguments. Always misbehaving to my parents. As a senior person make learning to my spouse about the Ghar grihasti, but she deny & only listen to her mother's word only. By which we are not able to create a good relationship in between husband and wife. Lastly I was not make any contact with her family last 30sept2016. On Oct 3 her father passed away due to heart attack, mean while I rushed to odisha from jamnagar & reach by within 7hrs. My spouse met to her father at last. But now she is in her mother's home. But makes a blaming that due to me only her father passed away. Even though death certificate is Der as mentioned of heartattack. When I informed to mother-in-law Dat pls see what the spouse speak like but she was denying & support her. After that I've a baby girl 1yr old. I'm very much worried about my baby. Each and every day she threatened me just leave me or give my any paper I'll signed that not willing to stay with you any more. After that I was informed to my parents regarding the issue, they trying to mutual the matter but my mother-in-law & my spouse not willing to listen any more. When my spouse with me is good but not willing to stay a single day with my parents. Give a solution to Restoration of marriage life.
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1) ypour best option is to go in for divorce by mutual consent
2) your wife does not want to stay with you
3) even if you file petition and obtain decree under section 9 of HMA for restitution of conjugal rights you cannot force your wife to stay with you
4) seek joint custody of baby girl . if wife does not agree visitation rights to meet your daughter
1. Since you have a child do not take rash decision of breaking the marriage.
2.Talk to her and try to settle the dispute amicably.
3. If staying separate solves the problem then stay separate with her. With passage of time it may resolve all the problem.
1. No Court can force a wife or husband to live with his/her wife/husband if he/she does not want to.
2. So, you shall have to settle the dispute amicably with your wife for restoring your conjugal life.
3. the Court can impose penalty/damage/maintenance or decree of divorce on the wife or husband if anyone is found deficient in performing as per law.
4. Court can also direct the husband or wife to join his/her wife/husband if a petition for restoration of conjugal rite is filed by the wife/husband but the wife/husband will not be punished if she/he refuses to comply with the said Court order. The other side may file divorce suit for not joining him/her which will be disposed off speedily.
The only way to restore it is through counselling, so propose counselling to your spouse. If she does not agree to counselling or counselling proves futile then you may file a petition for dissolution of marriage on the ground of cruelty.
If you want to your wife to rejoin you then you may file a petition before family court for restitution of conjugal rights.
You can mention all your grievances as pleadings in the petition to be filed under section 9 of HMA.
Let she appear before court and express her feelings and argue her case to convince court the reason for staying separately away from you.
