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Wife not coming to matrimonial home. What can be done ?


29-Jan-2023 (In Divorce Law)
I am a Hindu Male, got married in April 2015; things were going well between us after marriage. We had a minor argument after which my wife called her relatives and left to her maternal home, she was pregnant at that time. I tried to stay in touch with her and used to visit her then. She delivered baby in April 2016 and once again matter worsened between both parties for reasons still unknown to us. We tried all ways to console her and get her back, also confronted her relatives but always remained unsuccessful. I am always trying to contact her, but her phone remains switched off. I am avoiding going to her place and tried to meet her outside, however she is refusing. 1. Need advice as to whether sending legal notice to call her back is a preferred option? 2. Else, if she is reluctant to turn back, what is the way for seeking divorce? In that case what are the chances of getting custody of child? 3. Can she plot any false dowry/harassment case..?
Answers (5)

Answer #1
764 votes
Sending a legal notice to return home or meeting for talks to settle matters amicably puts on record your attempt at reconciliation. If not reconciliation mutual consent divorce option also can be discussed if there is a meeting . Secondly if you want to proceed with one sided divorce filing then you will have to prove under the grounds you are asking for it. Custody of baby not even a year old being handed to you is unlikely but you will get access .

Answer #2
859 votes
Sir, to be frank yes she can plot and you can send a legal notice of divorce and Divorce can filed u/s 13 of hma act. If you seeking her to come back send a official notice and then file for a divorce if there is no reply. Kindly contact me on eight seven six seven seven two two five three four for further assistance
Answer #3
877 votes
Hello sir ,
As per your query , you can send legal notice to her for keeping her back ..
After that you have to file restitution case in court ... otherwise you can directly go for divorce ..
N regarding custody , custody is depends upon the betterment of child future ..
Answer #4
569 votes
Dear client,
You can send a letter to her maternal place stating that she should come back as she has herself left her home . If she doesn't come back, you can make appln for restitution of conjugal rights .
Answer #5
903 votes
Since the wife has deserted the matrimonial home without any justiciable reason, you have a good case of restitution of conjugal rights. By this, you take the help of court decree to make your wife return to her matrimonial home. In case she does not return even after one year of this decree, then you can opt for divorce on this ground itself.

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

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