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Wife not coming to matrimonial home, please advise what to do ?


28-Jan-2023 (In Family Law)
Sir, I got married on 2014 as per special marriage act. Am Hindu and she is Christian. Blessed with a baby girl, and only 2 yrs old. After delivery she is not willing to come to my home. Not allowing my family to see baby now. They had now done baptism for the child without informing. I want my child to be as Hindu but always willing that baby can go to church and learn prayers too. Tried lot of mediations but failed. I would like to know the following. 1. How can I bring both wife and daughter to my home legally. 2. Can I have rights to stop baptism as it's without my permission. 3. Can I get permission to bring baby for functions like onam, Diwali etc. 4. If am trying for visitation what will be the frequency to c baby in a month. 5. I would like to give maintenance for baby. Can wife get ailmony from me as my salar is 75000 and her is 15000
Answers (4)

Answer #1
886 votes
Hai.

I think in ur case i would like to render a dialouge from a film tat a small issue well enough to be settled between two people (u n wife)was dealt with a 20 people(d whole family) n found its ultimate failure. If she wishes for a divorce then its dangerous to file a petition for conjugal rights. Bcuz there is no law tat insists the opposite party to FORCE to live with another. Moreover if v fails to conjugate it will open a door 4 her divorce. A counseling talk intigated through court is the best option.

N u have rights to stop baptism. But if so it must be duly informed prior.

U have rights to take care n visit ur kid whenwver u want. It u gets a guardian n ward order through court. Ur cause will be legally suported

Regarding alimony. Itz suported with various aspects. The quantm can b decreased not exempted

Hope am upto ur query
Answer #2
664 votes
Que No.1:. You can file a petition before the family court for the restitution of conjugal right.
No 2 :No
No 3: Yes
No 5: twice in amonth or once in a weeks...depends your request.
No5: You can provide the maintenance to the child.No need to mother
Answer #3
764 votes
1. You can file a petition for restitution of conjugal rights in family court to get an order from court to return back wife and child
2.You should also file another gaurdian OP where in you can demand interiem custody of child and require custody during holidays. In the same petition you can ask court to grant intetiem stay by which the court can prevent your wife from performing baptism
3. As per law husband is entitled to give maintenance to his wife and minor children irrespective of their earning capacitt.
Answer #4
823 votes
Yes, law provides remedies to the situation. The crucial question is the course of action which you wish to pursue -either in reconciling the relationship or going for a break. In either case, you can have access to the child. The other aspects are only incidental.

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.

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