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Wife staying with her parents from past 6 months and not will to come


28-Oct-2023 (In Divorce Law)
Hi Sir/ Madam, Im married since March 2019, My wife left my Bangalore residence in June 2021 just before the lockdown to her parents home in different city saying she will stay there till the 10 days lockdown and be back , but it's been 5 months she is not willing to come back and is constantly fighting over phone call and whatsup chat for silly issues and complaining that I have not gone there to see my son who is of 1.8 years The reason I did not visit was because I was not vaccinated and travelling in train was a matter of concent considering the present COVID-19 situation also I don't own a 4wheeler. Now my father in law has called and told that they will collect all the items given during marriage and i.m sensing the marriage might end. Now I need your advice on how to tackle the situation if she asked for divorce, as she had once told me in watsup chat that she will take maintanace from me and make me suffer.
Answers (4)

Answer #1
467 votes

Yes, a married woman in India has every right to live with or visit her parents, and there's no legal or social rule forcing her to leave her parental home after marriage. The Madras High Court has affirmed that marriage doesn't strip a woman of her residential rights at her natal home. While frequent or extended stays might sometimes cause tension in a marriage, legally, a wife cannot be unreasonably denied the right to visit or stay with her family. In fact, repeatedly preventing her from doing so could be considered mental harassment or cruelty under the law.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
514 votes
okat I understand your issue your wife left the matrimonial house and present she is their at her mothers house right now you have one baby so if you want your wife or not it is important if you want your wife and child so you have to try c onveince her she is not agree to come back your house so you have to file a case at court like RCR case and send notice to her if you want my her please contact me thank you for asking questions
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Advocate Bhagya C H

Adv. Bhagya C H

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #3
746 votes
first u give a notice calling her back to join u in spite of taking notice she did not respond u file a petition u/s 9 of the Hindu Marriage Act to come and join u and perfOrmskirk the act of legally wedded wife and inform her u are not interested to give divorce that u wanted to live with her
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Advocate E . Shylaja

Adv. E . Shylaja

LawRatoBangalore / Bengaluru | 25+ Answers
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Answer #4
807 votes
Respected Better you file a restitution of conjugal right case and sought for re union of marraige in that please mention that your wife left your company without reasonable cuase. As you infomred she will take maintenance from you, better you file the above petition. Let see. You may contact us if ok
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Advocate M Lakshmikanth Arya

Adv. M Lakshmikanth Arya

LawRatoBangalore / Bengaluru | 700+ Answers
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