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Wife not allowing me to meet my son and living separately what to do


05-Aug-2023 (In Family Law)
She is with her parents form the last 10 months because of a small dispute. I tried in so many ways to convene her. But she is not willing to come to married life. still she is asking 2 years more to think about this. She is telling that she will not go for divorce and she will not come back to to married life. I have 4 years old kid. She is not allowing me to see my son. Can you please advise me on this
Answers (3)

Answer #1
626 votes
HI,
sir legally you can file restoration of conjugal rights petition in the family court requesting the court to direct your wife to come to her matrimonial home.
you can file custody of child petition in the family court, in that case court will immediately provide visiting rights to you.
you settle the issue with the help of elders of your family.

Answer #2
638 votes
Hi
Though you have the option of going to court i suggest the following
a) You should first involve elders and ask them to settle the issue . Make a record of all the meetings and keep it documented.
b) If after intervention of elders nothing is progressing, file a case of Restitution of conjugal rights in the court.
c) Normally when RCR is filed, women do file 498A and domestic violence cases on men. So before you file a RCR, ensure that there is no case of Domestic violence or a dowry against you. Engage a good lawyer in your locality as a consultant and plan the next steps carefully. Engaging a lawyer does not mean filing a court case, but ensuring that you are on the right side of law in all aspects. It is like you going to a doctor for a preventive medical health check up.
Answer #3
745 votes
Sir,
1. It is evident that your wife and his family members decided to keep you at distant.
2. Always be tolerant for discussions and amicable solutions for family Disputes.
3. You directly talk with your wife and inform the problems, what you are facing in all fronts, don’t involve other persons between your discussions, which will end up without positive results.
4. If all the ways closed then try for Divorce by mutual consent is the fastest and easiest way to divorce in India, there is no meaning continuing the relation and it is better to concentrate on your future life.
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Krishna Murthy Pasupula| Advocate| Hyderabad|
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Comments by Users

Ahmed
Wife went to her parental home. She has deserted my 5 year old child with her 70 year old mother, and she is staying and working somewhere in other city. What is the process to get my child's custody?

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