First things first, since you want your wife and son, go to an advocate in Bangalore and send her a RCR Notice, asking your wife to come back with your son immediately and continue and restore your conjugal rights, if after receipt of the notice your wife does not come, proceed to file the petition before the family court here in Bangalore, even after receipt of the summons if your wife does not return back and stay with you, then the court will pass a judgement directing her to come and stay with you, thereafter if she still does not want to come back to your married life, go ahead and file the petition seeking divorce on the grounds of non compliance of the court order and directions.
Wife not willing to come home
Hi every one, I got married on Feb 2013. Since my marriage my father in law(ASI police department), and mother in law harassed me to stay their own house and they insisted me to give my salary to his wife and his daughter only ,but i took one rented flat and i was staying there in Hyderabad with my wife,After 2 months days i came to know that she has Disease with fits as one day night fits came. they did not allowed me tell this matter to my mother and family members since my wife has fits by birth. she is very sensitive and she does not behave like maturity person and she will not listen my words and she always supports her parents only as her parents stimulate her such a way. still i was continued with my wife . later on she was pregnant and she was staying with her parents...God blessed us with baby boy on Nov 2014, my son Dhiren. After this they tried to control me and with out any intimation they taken my son to hospitals and other places what they want, one day i asked them why you people are putting away me from my son because of this they scolded me and sent me out from their home and He used abuse words and threatening me like kill you. after few months my mother went her house and bring my wife along with kid after long time discussions. After one year she went her parents home along with kid with out intimating to any body and she did not lift the call and even they did not allowed me to see my son. to avoid all this kind of issue ,i planed to change location so i moved to Bangalore recently and i had forced her parent to send my wife and son to Bangalore otherwise i will send the legal notices. just one week back she came to Bangalore and next day morning she left from the home along with kid with the help of her parents over phone call and she complaint Dowry harassment case against me and she went Hyderabad again along with her father, Her father called up on phone and he threatening me with abuse words. Next day morning i went police station and i complaint a threatening and harassment case against my father in law. please help on this i want my wife and my kid. can i send the legal notice to my wife ? is there any other way to solve this problem.
Asked 7 years ago in Family Law
Religion: Hindu
7 Answers
file petition for restiution of conjgal rights under section 9 of HMA
2) seek joint custody of your son
3)if FIR is filed under section 498A obtain AB from sessions court
4) contest the case on merits
5) 80 per cent of 498A cases are false and end in acquittal
If you want to save your marriage you can send a legal notice and file a petition seeking restitution of conjugal rights before the family court.
You can file a child custody case too seeking custody of child and also visitation rights.
You follow up the complaint lodged with the police about your father in law's threatening activities.
1. You cannot bring your wife back if she does not want to be with you. You may though file a petition for RCR to obtain a decree against her to resume cohabitation.
2. To get your child back you have to file a petition for declaration of guardianship and child custody in the court. The least which the court will award you is visitation rights.
Hi sir, Can I know any lawyer contact details for sending legal notice?
Asked 7 years ago
You can contact any lawyer on this website
This website offers facility of sending legal notice
You can make payment online and lawyer would send legal notice on your behalf
Contact details would be provided by the website
My contact details are as follows: -
Murthy Associates, # 489, 9th main, 3rd Cross, H.A.L 2nd Stage, Indiranagar, Bangalore- 560 038, Land Mark: Opp Indiranagar Club West Gate.
Mobile No: [deleted] or [deleted]
If need be you may contact me.
Yes, you can contact any lawyer from this forum itself.
You can find credentials of lawyers from their profile