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My brother wife leaving with her parents from past one year with 1 kid


06-Nov-2023 (In Divorce Law)
Sir, My Brother wife stay with her parents from past one year with 3 year girl kid. She is working woman and we tried lot of time to went her home with brother for come back home. But she not agreeing she demanding seprate house don't want to stay with our mother and father. Pl suggest now she went to Dubai without informing my brother and 3 year girl kid staying with Nana and Nani. Pl suggest what we can do
Answers (5)

Answer #1
864 votes
Hello If you want to secure your marital tie, you may fulfill her wish by living separately from your parents. if not, you may file for divorce as per law 1 year separation is required. For the girl child you may file a Custody case.
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Advocate Divya Narain

Adv. Divya Narain

LawRato Agra | 25+ Answers
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Answer #2
758 votes
Hello madam Firstly your brother should file a section 9 HMA petition in which he can seek court's order to get your sister in law back. Your brother can also file a petition seeking for custody of the child so that the child is in the safe hands which is his father. Keeping the child away from his father is a mental Harrasment and hence can be challenged.
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Advocate Shenoy Das

Adv. Shenoy Das

LawRatoDelhi | 25+ Answers
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Answer #3
833 votes
You have certain legal remedies to avail under the Indian laws. File a petition for Restitution of Conjugal rights and seek a decree directing her to come and resume cohabitation, failing which it will become a ground for seeking divorce later. Do also issue a legal notice and a petition for seeking child custody
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

LawRatoDelhi | 1000+ Answers
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Answer #4
628 votes
Dear sir, your brother has several remedies available with him. He may go for filing divorce petition in the court of law of his concerned jurisdiction, secondly he may file a petition for guardianship of the child as he is the biological father and his wife left the child making her an irresponsible mother. For assistance you know whom to call.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRatoDelhi | 700+ Answers
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Answer #5
786 votes
You can file restitution of conjugal rights in this case or wait for some more time or…you need to hire expert advocate in this regard to understand the legalities n other options Plz b in touch Thanks
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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