Gopala R S 20 April 2016

Wife with her parents and not coming

My daughter-in-law left home about a month back saying not to return. On other occassions also she has done this and has returned. This time it seems she may stay longer with her parents and has also plans for mutual consent divorce - we heard them saying. She has gone on her own in spite of our requesting her to stay with her husband. She has 20 months old baby. My son got married 3 years ago. What legal steps you would suggest under the present circumstance.

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8 Replies

saravanan s (legal advisor) 20 April 2016

if possible try to reconcile by taking the help of elders.if she is keen in going for mcd then you got to workout an mou between you both as to one time alimony, child custody, sreedhan etc etc and present it along with the joint petition you would be filing together before the court

SAINATH DEVALLA (LEGAL CONSULTANT) 20 April 2016

As a fatherin law U have to set right such matters within the four walls of UR house , instead of thinking of legal avenues. That would further deflate the already sinking marital life of UR son and daughterinlaw These would act as missiles in the opp party to opt for criminal cases against the matrimonial home.Hence try to settle the minute differences amicably.

Vijay Raj Mahajan (Advocate) 20 April 2016

Let your son file petition for restitution of conjugal right against his wife in the family court. The wife will either reply in affirmative by resuming conjugal relationship with him or reply in negative seeking divorce. The mediation process is a must in such family disputes which the judge of the Family Court shall order. The matter between both can be discussed and amicably settled where they both work out formalities of child custody and maintenance issue, permanent alimony and maintenance for wife issue and divorce by mutual consent. An agreement or MOU is drawn and followed up by filling joint petition for divorce by both.

(Guest)

Secure anticipatory bail for you and your wife and son and other members of family, she might file some false dowry case, better be safe than sorry.

(Guest)

If there is any talk of MCD jump on it. Be very understanding and gentle. Steer conversation towards MCD at the earliest. Once any side talks to a lawyer, 498A, DV, 125, HMA 24 package is sure to follow. Breakdown of marriage under Indian laws is nowadays a criminal case. Institution of marriage in India is dead because of legal system. Sooner you accept this fact the better off you are. Good riddance if such DIL goes on her own. You will be trapped if she says in your home and kicks you out under pressure of criminal cases.

(Guest)

I dont suggest legal steps, but you can do one thing, take that old hawai chappal and whack that samdhi of yours, yes, those people who are your sons inlaws are the culprits to break this marriage, take them to task before you go legal way. Juta leke maaro ek ek ko, baccha he aur kya chahiye bose dk logon ko.

SAINATH DEVALLA (LEGAL CONSULTANT) 24 April 2016

Irresponsible and irrelavant replies by such above members should be stopped .

SAINATH DEVALLA (LEGAL CONSULTANT) 25 April 2016

Ranee,U should have posted UR problem in a new thread,but anyway I am replying. UR first paragraph itself reveals that U are absolutely responsible for UR state of marital life.Just because UR family instigated U, U have ruined UR marital life,which is very difficult to get it repaired after U and UR irresponsible family created such a havoc in UR matrimonial home.The words at my disposal are limited to advice or suggest U with a proper remidy. Hence fall at the feet of UR matrimonial home and beg them for mercy and if they are so kind hearted to accept U back U are lucky.