What action can be taken if husband not allowing wife to meet her parents ?

236 votes

In India, a husband cannot legally restrict his wife from visiting her parents, and doing so may amount to mental cruelty, which is a valid ground for divorce under Indian matrimonial laws. While there is no specific law explicitly forbidding such restrictions, courts have consistently held that denying a wife access to her family violates her fundamental rights to maintain family relationships and emotional well-being. Repeated or unreasonable denial can be considered mental harassment, unlawful control, and a form of domestic cruelty. Such behavior can be used as evidence in divorce petitions filed on the grounds of cruelty or in seeking protection orders under the Protection of Women from Domestic Violence Act, 2005. Women facing this kind of control have the right to seek legal advice, file a complaint under domestic violence laws, and approach family courts for relief, including maintenance, dwelling rights, or judicial protection.

While there is no specific law that says a husband cannot restrict his wife from visiting her family, courts have consistently held that such restrictions violate a wife's basic rights, including her right to maintain family relationships and emotional well-being. Repeated or unreasonable denial of this right can be seen as:

• Mental harassment

• Unlawful control

• A form of domestic cruelty

This behavior can be used as evidence in cases of:

• Divorce petitions (on grounds of cruelty)

• Protection orders under the Protection of Women from Domestic Violence Act, 2005

If you're experiencing this kind of control, you have the right to:

• Seek legal advice

• File a complaint under domestic violence laws

• Approach the family court for appropriate relief

LawRato LawRato

914 votes

Dear Madam, You have full liberty to take your daughter to your mother house, He dont have right to stop you, several supreme court judgement citing that after divorce wife only have right to take care female child upto majority.

Advocate Gopinath Ramanadane LawRato

899 votes

you have all the rights to go to your home and spend time with your parents and relatives along with your daughter. For this you and your husband should go for counselling to get better life. It's very easy to separate husband and wife but very tough to make them reunion. if you need more detail opinion then call me on my cell.

Advocate B. Sivasubramanian LawRato

756 votes

A daughter in law’s legal rights in her in law’s house are the same as her husband’s rights. Whatever is his, is hers. YOU HAVE TO MAKE UNDERSTAND THAT YOUR HUSBAND HAS NO RIGHT TO PREVENT YOU FROM GOING TO MEET YOUR PARENTS IN LAW FULL MEANS. AND SINCE YOU ARE LIVING WITH YOUR HUSBAND IN THE SAME HOUSE YOU HAVE TO BE VERY CAUTIOUS, YOUR MATRIMONIAL RELATION SHOULD NOT GET STRAINED AT ANY RATE. YOUR HUSBAND'S APPREHENSION MAY BE RIGHT OR WRONG BUT YOU HAVE TO PROVE THAT YOUR INTENTION IS TRUE, MANIFEST IN THE THE LOVE AND AFFECTION OF DAUGHTER'S INTEREST FOR HER GRAND PARENTS. AND YOU HAVE TO REST ASSURE THAT THERE IS NO INTENTION TO SEPARATE YOUR DAUGHTER NEITHER FROM YOUR HUSBAND NOR FROM YOUR IN- LAWS. HERE YOUR JOB IS TO CONVINCE YOUR HUSBAND IN A POLITE WAY FIRST, AND OTHER FAMILY MEMBERS NEXT. MY SUGGESTION IN THIS REGARD IS TO LISTEN TO YOUR HUSBAND AND TRY TO AVOID WEEK END VISITS TO YOUR PARENTS' PLACE, LET WHAT SOEVER BE THE UNHEALTHY ATMOSPHERE CREATED BY YOUR HUSBAND AND IN-LAWS. THE MOMENT YOU LISTEN TO YOUR HUSBAND AND STOP GOING EVERY WEEK AND TRY TO MAKE YOUR TRIP TWICE OR THRICE IN A MONTH WILL CERTAINLY IMPROVE HARMONY IN YOUR FAMILY. YOU MAY ALSO TRY THIS WAY, MEETING YOUR PARENTS BY WAY OF ASKING YOUR PARENTS TO VISIT YOUR MATRIMONIAL HOME THERE IS EVERY LIKELIHOOD THAT THE STRAINED RELATION BETWEEN YOUR PARENTS AND YOUR IN-LAWS WILL CERTAINLY GET CHANGED IN THE PASSAGE OF TIME. THE MODES OPERAND I I HAVE ADVISED WILL HOPEFULLY BRING SEA CHANGE IN THE FAMILY ATMOSPHERE WITHOUT THE SHADOW OF DOUBT. AFTER FOLLOWING THE ABOVE SAID DOS & Don Ts. NOTHING SEEMS TO HAVE CHANGED APPRECIABLY, AND YOUR HUSBAND IS VERY AGGRESSIVE IN THE ABOVE SUBJECT IN QUESTION, YOU ARE WELCOME TO POST YOUR MATTER IN MY MAIL OR WELCOME TO INTERACT, PREFERABLY IN THE EVENING AFTER 5 P.M. REMEMBER THERE SHOULD NOT BE IRRETRIEVABLE BREAKDOWN IN MATRIMONY. "NO WONDERS ARE WROUGHT IN OVER NIGHT" "NEITHER THE GREAT WALL OF CHINA OR ROME WAS BUILT IN A DAY. TRY TO WIN THE HEARTS OF OTHERS IN YOUR FAMILY BY YOUR CONDUCIVE BEHAVIOR. WITH BEST WISHES ADV.R.SUNDARAMURTHI . (LAW RATO FAMILY ) SSS LAW FIRM - CHENNAI.

Advocate R. Sundaramurthi LawRato