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Marriage Breakdown by In laws and Child custody or Visitation Rights


12-Oct-2025 (In Divorce Law)
I am a Nri and my wife married me only because she wanted to settle in abroad not in India due to her parental pressure. 2018 to 2021 I was happily living abroad with wife and son born in 2019 In 2021 due to co vid wife and kid came to India and since than she is li in with her parents and keep finding excuses to not live with my parents while am working abroad and taking care of child education. My In laws have brainwashed her from day one and are primary reason for my marriage breakdown
Answers (3)

Answer #1
833 votes
Based on the facts stated, your case appears to involve mental cruelty and desertion as recognized grounds for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955. Continuous refusal by your wife to cohabit, her decision to stay with her parents despite repeated requests, and her lack of interest in maintaining the marital relationship may constitute mental cruelty. You may consider issuing a legal notice first, followed by filing a divorce petition before the Family Court having jurisdiction over your wife’s current residence. You can also seek custody or visitation rights for your child under the Guardians and Wards Act, 1890.
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Advocate Saylee Chaudhari

Adv. Saylee Chaudhari

LawRato Dombivli | 50+ Answers
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Answer #2
528 votes
Marriage Breakdown & Role of In-laws When a marriage breaks down due to interference or conflicts with in-laws, it can affect: The couple's relationship and trust The emotional stability of the child Living arrangements (especially if the couple lived in a joint family) Important point: Legally, custody and visitation are between the parents, not the in-laws. In-laws (grandparents) may only get limited visitation if both parents are unfit or unavailable
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

LawRatoMumbai | 200+ Answers
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Answer #3
940 votes
First of all you have to file restoration application in Same court who had filed and ordered divorce decree. Once you prove that notice was not served to you you can turnout the said courts order. So first of all delay, stay and then restore.
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Advocate Manoj Mulchandani

Adv. Manoj Mulchandani

LawRatoNashik | 700+ Answers
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