×

quesHow to get my wife back to the matrimonal home for my in-laws house?

What legal steps can I follow to get my wife back who has been staying my in laws house for the past 1.5 years? We have been married for about 3 years now.



 



My wife had a miscarriage after which she underwent an operation for the same. My in laws stay in Agra where she decided to get the operation done.



 



We had disputes after which she decided not to come back. But we decided to give it another chance and came back to my house again. But the disputes couldn’t be dealt with and she left me again.



 



Now its been 1.5 years that she has been staying away from home. I don’t want to take a divorce. What should I do?



 

  • Planning to Divorce? Marriage Counselling can help


    Consult Now
    • ans

       

      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      Restitution of conjugal rights- When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.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 as you have stated that your wife is not staying with you for more than a year now, you can file this petition and get the decree in your favor.

       

    • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
    • Related Articles

    Consult best Family lawyers in India

    Similar questions

    I am married for last 1 and a half year ...did arrange marriage but it…
    I've been married to my husband a year ago. Just got back to India after…

    Sir, I am seeking your advice regarding my younger daughter(age 25 years) who is fell…

    Need legal advise , as my father in law stated he sent a documentation for…

    Family Lawyers in India

    Advocate Mohammed Abdul Quadeer

      Shree Ram Nagar
     Experience: 11 years


    Advocate Nagesh B L

      Nagarathpete
     Experience: 23 years


    Advocate Prabhjit Jauhar

      Connaught Place
     Experience: 20 years


    Advocate Ayantika Mondal

      Gandhinagar
     Experience: 8 years


    View all >>

    Quick Consult

    Get 15 Minutes of Expert Legal Advice on Phone right now

    Ask a Free Question

    Post a Question online and get free advice from multiple lawyers by email

    Find a Lawyer

    Easily find and book private consults with top lawyers in India

    Get Fee Estimate

    Receive multiple quotations for your legal requirement instantly