×

quesHow do i get my daughter in law back home who doesn't wish to come?

Can we send a Legal Notice to my Daughter in law if she has gone to her parent's home and refuses to come back. My son has been married for 13 years and his wife used to always complain about his late office hours but 15 days back she got really upset and has gone to her parent's home.



 



Now she refuses to return back and we want to send her a legal notice to come back.



 



Kindly advise if this is the right legal way to get her back?



 

  • ans

     

    The option available to you is filing a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

     

    Section 9 has been reproduced below for better understanding: 

     

    Restitution of conjugal rights.- When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

     

    Explanation- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society. 

     

    So the legal recourse is to file the abovementioned petition and not a legal notice.

     

    Kindly contact us for any further details and action, if needed.

     

  • 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 Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Family lawyers in India

Similar questions

Hindu family. My house owner's daughter in law is been tortured and sometimes beaten up…
I got married in Ajmer, Rajasthan in 2008. We lived together for 10 months and…
Sir meri biwi apne mayke chali gayi or wahi naukari kar rahi h na aati…
Iam a Christian boy got married with hindu girl at hindu temple,marriage was not registered,disputes…

Family Lawyers in India

Advocate Nagesh B L

  Nagarathpete
 Experience: 23 years


Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years


Advocate Mohammed Abdul Quadeer

  Shree Ram Nagar
 Experience: 11 years


Advocate Ayantika Mondal

  Gandhinagar
 Experience: 8 years


View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly