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Wife is not willing to come back home and asking me to stay with her


16-Apr-2023 (In Divorce Law)
since 1 year 9 months of my marriage , we had frequent fights and misunderstandings with each other,my wife went to her parents home as she was carrying and we had a baby boy who is now turning 8 months old , we had a major turf between our family and hers due to our frequent fights, since then iv asked her so many times to come home and let's sort out everything and live happily atleast now, but she is refusing saying that she cannot come home and I have to stay with her, even after elders and our relations tried to sort out things she still denies that shel not stay at my home. So I'm planning to apply for restitution of conjugal rights against her, what if she denies it as well, does it support if I further proceed to apply for divorce, and what about my baby boy , will I get visitation rights to see him during all these process, The reason for our fights are, first of all their family is not happy as we are not financially settled and rest I cant type here as it's a long story,
Answers (3)

Answer #1
610 votes
Hi.
u need to file a petetion for Restitution of conjugal rights under sec 9 of HM act.. in case if she is not willing to come back to u we are inclined to file a divorce petition either mutually or contested

Regarding visitation rights.. as he is very small enough mother becomes the natural guardian but ur right cannot b ignored. so definetly u can file a visitation rights apllication along with intrim application


any clarification.. fell free to message
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Answer #2
587 votes
Dear Sir
It is unnecessary excercise and she may multiple case the moment you file RCR and you made run around police station and pay Maintenance. You may leave the matter here itself and file divorce after prescribed period of separation.
Please give me Rank 5 if my suggestion is appropriate to your situation.
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Answer #3
856 votes
If you can get decree of RCR and if she does not join your home within 2 years after decree is passed you will be entitled for decree of divorce. You need to file separate petition to get custody or visitation rights to see your child. Both are seperate issues feel free to contact me for further guidance
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