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How do i get my daughter in law back home who doesn't wish to come?
13-Apr-2023 (In Family Law)
Can we send a Legal Notice to my Daughter in law if she has gone to her parent's home and refuses to come back. My son has been married for 13 years and his wife used to always complain about his late office hours but 15 days back she got really upset and has gone to her parent's home.
Now she refuses to return back and we want to send her a legal notice to come back.
Kindly advise if this is the right legal way to get her back?
The option available to you is filing a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
Section 9 has been reproduced below for better understanding:
Restitution of conjugal rights.- When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Explanation- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
So the legal recourse is to file the abovementioned petition and not a legal notice.
Kindly contact us for any further details and action, if needed.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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