Wife left home Wife left home

3 years ago

My wife left home with my son last 1yr now we are trying to bring back them to my home but my father in law always talk with us roughly and do her emotionally blackmail to her so that she dont want to come back. She working in IDBI Bank. Now my father in law telling that we do legal action against to me & my family. What can i do please help me

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Just file divorce case and take anticipatory bail and be in safer zone.
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Anish Palkar

Responded 3 years ago

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A.I have gone through your query in detail.
1) As you have said that your wife has left your home along with the son one year from & as you are inviting her back to your home and your father in law is not allowing to talk ……..Now instead of him talking why do you not directly go and approach your wife in the IDBI Bank and have a personal talk together and sort out the issue instead of going through any father in law.... have a small meeting , go ahead with a positive approach & move ahead. I am sure you both can sort out the issues if any.. Sometimes the family members try NOT to sort out the issues, but rather than a big group meeting , it is better that you both sort it oput as you both have to live together in a family
2) Again where the question of father in law which telling you more about the law… you can file RCR, through a lawyer by sending a simple legal notice……………… if things do not work out then you can go ahead for divorce….

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ADV. ANISH PALKAR (High Court)
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Shreesh Chadha

Responded 3 years ago

A.You have a lot of remedies-

1) you can file for restitution of conjugal rights- it means that your marriage has not been damaged irretrievably and that you want to continue marital relations and live together as family.

2) if your father in law or her family are stopping your wife from coming back- you can file a petition in the High Court. This remedy is very quick and court takes the same very seriously. You will get remedy instantly.

3) For your own protection you have to approach the nearest district court for 'Protection' from adverse actions by your in-laws. This is also usually a quick remedy and you will get relief quickly.

We can discuss further.

Regards
Adv Shreesh Chadha
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Srinivasa Prasad

Responded 3 years ago

A.Write letter to your wife asking her to come back and join the matrimonial house, if she does not respond to it.
You can issue notice through Advocate seeking restitution of conjugal rights (RCR), even if she does not respond.
You can file application before court for RCR.
NOTE:
- You may have to face wrath of your wife & FIL.
- There is chance of her filing false criminal cases against you and your family members viz., 498-A, DVC, Sec.125 etc.
- If any false criminal case is filed, immediately obtain bail and go for Quash of the said false FIR.
- What ever you do, keep in mind, that you do not bad mouth them and be a GOOD BOY, and that, try and record their acts / comments, going forward the same will come to your rescue.
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SUNIL NAVANITLAL SHAH

Responded 3 years ago

A.WRITE CONTINOUS LETTER ASKING HER TO REJOIN FAMILY AND STATE ABOUT ABOUT CONJUGAL RIGHTS FOR RESTITUTION OF MARRIAGE AND KEEP RECORD OF DELIVERY OF LETTER U WILL WIN CASE IF REFUSES CONTINULY WITHOUT VALID REASON
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