• My wife left home on 27 August 2016 along with my son

my wife left home on 27 august 2016 with with son and not returned home. my wife was not staying in my home from 24 august 2016 because i went for business tour (service) to satara. her friends husband committed sucide on 1st august and she went to meet her friend on that date and she was afraid from that date.
we as family convinced her and tried to remove her fear of that incidence.  till 22 august my parents  and myself were with her and because of some work my parents went to our native place and my parents told her that she should not fear because of such incidence. i told her if you feel afraid or fear then you should call your parents or sister to stay with us. she denied for that and just spoke to father and told that she is fearing because of this incidence then her father told her to take darshan of hanumanji and do some spiritual activities. my parents also told her  to practice some spiritual rituals ,take darshan of hanumanji or lord datta  and supported her right from 1st august2016 and tried to remove her fear. i also suggested her and tried to remove her fear but as her fear was not minimized then i suggested her that if she feel we can go to psychiatrist or call your parents to stay with us for some days but she denied. i went to satara for my service( business tour) on 24august 2016 and from that date she had not sent my son to school. i came back home on 26august 2016 at round night 2.30pm and on that date i told her in the morning of 26august that she should stay in our home as i am coming home on 26 august  and next day i have to go meeting in lonawala at 7am of 27august 2016. she was not in home and she was in my uncle's place. i told her that i dont have keys of home so you be there in our home but she was not there. then after 3pm she came with my uncle at my place. then we dropped my uncle to his place and we returned home. after returning home i told her that she should not fear and tried to remove her fear. i told her that if she continues to fear for such things then how she will live life normally. then while removing her fear i told her that if you are afraid of such things  which never happened in our home and told her if she continues such fear then how she will live life normally. i told her if you fear then i told her if you are so afraid or fear such things then  should i do sucide or should we all do sucide.  my intention was pure to remove her fear . and i was not going to do sucide. i was not going do sucide of my family.

i was trying to remove her fear and in doing so  i asked my son to slap her and i slapped my wife. then i tried to convince her that she should not fear of such things and live life normally. next day 27 august i went to lonawala for meeting and she left home. i  accepted my mistake in front of all her family members and i requested them to send my wife and son. i expressed my apologies and said sorry and touched feet of all elders in her family and i even touched feet of my wife. i told her that i love her and i am always there to support her and protect her.  even my father also expressed apologies and requested them to send her back.  we tried to convince her father that such incidence of slapping will not happen in future. 
 from 27 august she is not talking to me.she or her father is not even responding to phone calls. on diwali also we requested her to come back home but they said after diwali her sisters engagement is there and after that they will send her. they are just postponing to send her some or other reason. i want her back in my life so what should i do.
Asked 8 years ago in Family Law
Religion: Hindu

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6 Answers

Since she has been traumatized by the death of her friend's husband, it will take time for her to come out of this fear psychosis.

You may have to wait for her return or attend her daily at your in laws place, make her feel comfortable and try to spend your quality time with her while she is at her home.

Do not insist on her return or urge on it.

Let she spend some more time with her parents and in the meantime ask her parents to take her to some psychiatrist for treatment and relief.

Patience is the need of the hour that you have to adhere to now.

Do not rush up with legal action so soon, this may jeopardize your reconciliation efforts

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

I want my wife and son back in my life as I love both of them. Should I do send Restitution of Conjugal Right section 9 notice to them and what are the complications or Can I get my wife back with RCR or what should I do to get them back in my life.

Any legal action that you may propose to initiate may hamper your peace process and may spoil yor efforts to patch up the difference as well as she may not turn up in your favor.

You may allow the time pass for a little more period and watch the developments.

If the situation is not coming under yor control nor she is not responding properly to your efforts, you my plan to file RCR.

You may, for the present, wait for the time to answer.

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

Please suggest me what to do to get my wife and son back in my life.

Patience is the need of hour, if you do not have patience then you may initiate legal process by first sending her a legal notice advising her to return to her matrimonial home.

After reasonable waiting period you may file a RCR case.

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

1) give your wife some space . let her make up her own mind whether she wants to return to her matrimonial home or not

2) it appears your wife is cared to stay alone in the house as you keep on travelling for your official trips

3) she needs security of her family around her .

4) if your parents were staying with you she would not feel alone in the house during your absence

5) wife needs to consult a psychiatrist to help her over come her fear

Ajay Sethi
Advocate, Mumbai
97462 Answers
7880 Consultations

dont issue notice under section 9 of HMA for RCR at present

2) it would further complicate the issue

3) explore the possibility of taking place on rent in your native place

4) you can make effors to visit there every weekend .

Ajay Sethi
Advocate, Mumbai
97462 Answers
7880 Consultations

Your in laws seemed not to be interested in their own daughter's well being, so it is natural that they cannot be expected to take any interest in your son's welfare.

You can barge into their house, take out your son with you on yor return, let them make any hue and cry over it or even a police complaint, you can give statements before police or court about the reason for act to not to hamper your son's education/future.

You can take support from your relatives or even police by filing a NC

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

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