352+ Lawyers are online 
How to legally ask wife to come back home
24-Aug-2023 (In Family Law)
I married in april2017 everything was going good but suddenly I got to know about her boy friend through her personal dairy and that person was still in touch through social media I question her about it because she didn't share with me her past life earlier when I ask and she told me everything about it now I was OK with that she told she does like him I told OK ask to close the matter an continue our life but after few months some one telling wrong about my wife indirectly. I felt very bad .at that time my parents were not there to whom i can tell about it so I told to my wife parents instead of taking action they blame me and told me charechterless and now Since last 8months my wife is not came back to my home her parents are not ready to send her back after meeting done by both the side of parents girls parents told that they will not send her for 2years and after that they will think about it me and my parents are not agree on that now I want my wife to be with me so tell me what to do?
In this regard I advice you to file for Restitution of Conjugal rights. This is the legal remedy wherein you seek an order from the Ld. Family Court to direct the other spouse to join your company. I further like to tell you that her act of leaving you alone is an act of desertion for which you can very well maintain a divorce petition. Though for proving desertion as against your wife, you need to prove animus disrendi ie. her intention to dessert.
Helpful?
41+
41+
Adv. Ujjwal Jain
Delhi | 200+ Answers
CONTACT NOW
First of all try to ask her separately if she wants to stay with you or not. May be she wants to be with her boyfriend. In that case, ask her for divorce and try for mutual divorce. If she does not give you divorce and does not even come back home, in that case file restitution of conjugal rights stating that you want your wife to come back home.
Helpful?
29+
29+
Adv. Neetica Sharma
Delhi | 25+ Answers
CONTACT NOW
The way to bring her back is by filing a suit section 9 of hindu marriage Act i.e. for restitution of conjugal rights. According to it if a peraon a withdrawn himself or herself from the company of his or her , husband or wife without any reasonable cause , then the court can pass a decree for asking the party so withdrawing to resume cohabitation with the petitioner.
Helpful?
38+
38+
Adv. Manju Jaglan
Gurgaon | 25+ Answers
CONTACT NOW
Dear client,
You can file a suit under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.
Section 9 states:
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.
In the present case, your wife has withdrawn from the society and your relationship without any sufficient reason. Under S.9 she will be bound to stay with you.
Hope this solves your query.
You can call/message/e-mail for further clarification
Regards,
Kajal Bhatia
Advocate
Supreme Court
You can file a suit under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.
Section 9 states:
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.
In the present case, your wife has withdrawn from the society and your relationship without any sufficient reason. Under S.9 she will be bound to stay with you.
Hope this solves your query.
You can call/message/e-mail for further clarification
Regards,
Kajal Bhatia
Advocate
Supreme Court
Helpful?
39+
39+
Adv. Kajal Bhatia
Delhi | 25+ Answers
CONTACT NOW
Dear Client
You need to file restitution of conjugal rights before the family court asking your wife to come back. She will have to appear in the case and reply and matter will be proceeded on merits.
Feel free to discuss at length in person or on call.
You need to file restitution of conjugal rights before the family court asking your wife to come back. She will have to appear in the case and reply and matter will be proceeded on merits.
Feel free to discuss at length in person or on call.
Helpful?
36+
36+
Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
CONTACT NOW
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.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
