Legal Question in Family Law in India
Ive been married from last 4.5yrs &have;a son of 8 months old. three months ago me and my wife had a very bad quarrel /verbal fight due to which my wife (her father expired 5yrs ago)called up her mom &grand;father &went;off with them the next day morning as soon as they arrived blaming me tottally for all the faults anything and everything that went wrong but truly the faults were of the ratio of mine60:40hers . we have had big qurrels/verbal fights 2-3 times before too but those times i had to give in /let go cause ilove my wife too much (1) now the problem is my wife was working for abt 15 months after marriage and she earned abt 2.75 lacks which she gave the entire amount as house hold expense/for bussiness developement /for the future safe keeping.whatsoever .she has never demanded the money before but after she's been to her mom's place for the delivery of my son she's been only demanding money where as she has taken the jewellery that i had given her as gift (valued at 3 laks)+my son whose priceless to me .
(2) iam ready to accept my part of(60% )mistakes whereas she is not ready to do so nowadays her grand father dosent allow me to speak to her on the phone nor to my son
(3) i love my wife and son more than anything in life & iwant them back .at present iam staying all alone from past 3 months .
(4)it is clearly evident that my mother in law is brainwashing my wife( ofcourse for her money ) my mother in law is a money greedy @#$%^& my wife trusts her more than anything in life
(5) my question is how do iget my wife & son back
(6)i have called her almost daily (abt 120 times )since she left but she hasnt called even once ?
(7)15 days from our marriage she had tried to suicide twice on our honey moon trip this her mother & grand father surely know but are cool & did not react at all The reson given to me by my wife was that she was too much attached to her father and that she is not able to bear the loss of his demise
but again 3 yrs ago she tried to suicide after a silly quarrell/verbal fight.
so kindly guide me thank you ,,
1 Answer from Attorneys
You may file a petition for Restitution of Conjugal Rights before the court asking your wife to join the matrimonial home. You have remedy of filing a custody petition for your child if you consider that welfare of the child would be better served with you than his mother.
Vishwa Bhushan Arya