Wife not wiling to come back. What can i do to get her and son back?

In Divorce Law

I got married in Feb, 2012 & our son was born in May, 2013. But my wife's relations with my parents are not good. So she started living in her parent's house since Feb, 2013 and now does not want to come back and live in the house where I am living with my parents.

She along with her parents also don't allow me to take my son anywhere though she herself visits her relatives. Is their any legal provision like "restitution of conjugal rights" etc so I may get my son & wife back?

Answers (1)

351 votes

You can file a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. You can seek an order from the Hon'ble Court that your wife should come and live with you and fulfil her matrimonial duties.

In addition to the petition aforementioned, you can separately file a petition to seek custody of your child under the Guardianship and Wards Act, 1890.

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