"Wife refuses to return home, citing mom's presence"
01-Apr-2024 (In Family Law)
For half a year, my wife has lived with her parents, taking our one-year-old. She won't return, citing her discomfort with my 65-year-old mom. She wants me to visit her, but her parents cause me mental anguish. Despite conflicts, I can't leave my mom. I've asked her to return, but she refuses.
First of all rather than going legally you should serve your partner a legal notice as to why he/she is doing all these and try to figure out what's going on in his/her mind regarding you. After that if he/she fails to give you satisfactory reply then you can anytime send a complaint regarding your grievances in writing to the police station of your area. But if you are willing to stay with him/her then you should file a petition under section 9 HMA for calling back your partner in your matrimonial life. For more legal assistance I am just a call away.
You have the option to file a petition before a Family Court under Section 9, which pertains to the restitution of conjugal rights. In this petition, you can present your case before the court, and upon evaluation, the court may issue a decree in your favor, directing your wife to reconcile and return to you.
An application before the appropriate Court will be moved seeking directions to your spouse for the union.
However, what you must genuinely do (promise your wife) that a suitable arrangement for her is made, meaning thereby, that she doesn't feel harassed and overworked. Since your wife has a one year old to take care of, she should not be given the task to solely take care of your mother and you.
A little effort from you, like hiring a house help will be sufficient for you to get relief from Court.
However, what you must genuinely do (promise your wife) that a suitable arrangement for her is made, meaning thereby, that she doesn't feel harassed and overworked. Since your wife has a one year old to take care of, she should not be given the task to solely take care of your mother and you.
A little effort from you, like hiring a house help will be sufficient for you to get relief from Court.
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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