Legal Question in Family Law in India
Wife not living with me
Iam hindu frm Kerala,India.married two years back.Both of us employed and both not transferable, but in two districts.She working near her parent's house.For almost six months she traveled from my home to her workplace.After that she started staying with her parents since she is not willing to travel for job.Since no child, i stayed in her parent's house and travelled from there to my workplace.After giving birth to a child, she is not atall interested to come to my house, where my parents are living.Iam the only son, and my sister is married and living in her husband's house.Since i need to take care of my parents also, iam not interested to live with her parents.I asked her to shift to a rented house near her work place so that i can live there. as long as my parents are healthy it is not a problem.But she is not willing to do so, she says she wants both of us live with her parents(She is having one brother also living with her parents).For last four months we are living seperately and iam very much depressed in not seeing my child.What i have to do legally to live seperate her from her parents?If she is not willing to live with me then can i approach the court to get divorce and will i get custody of the girlchild(7 monthsold)
3 Answers from Attorneys
Re: Wife not living with me
Yes, first of all you can approach the concerned court under section 9 of Hindu Marriage Act, to get back your wife to her matrimonial home i.e. your house.
Or you can file a divorce case on the said ground that she left your house without any reason or cause and cruelty.
And as far as custody of the child is concerned you cannot get the custody of your girl child till she attain the age of 7 years as per the law, but you can get visitation rights from the concerned court as you are the father of the child.
Any other query contact me at 9891111475 from 10 A.M. to 6 P.M. during weekdays.
Re: Wife not living with me
The girl is too small and therefore the chances of getting her custody are less than 1%. you can try to settle the matter amicably as far as possible but if unsucessful you can ask for divorce by mutual consent.
Re: Wife not living with me
Last question first : There is hardly any chance for you to get custody of the girl child for at least another 5 years.
If you are attached to your child, you should better live life on your wife's terms.
Try to understand one simple aspect of married life : when a husband expects his wife to come and live with him and his parents, he SUDDENLY expects her to SEVERE her ties of more than 20 years' of life; whereas when husband is made to face the same situation, he starts "suffocating". Why?
The girl's entry in the matrimonial home is like transplation of an already fully grown tree in a new terrain. Therefore, everyone in the new home has a sacred duty to make her comfortable.
The facts mentioned by you are not sufficient for divorce of legal separation; it is better you try to understand the consequences of a married life; place yourself in her position and try to make ALL POSSIBLE ADJUSTMENTS. You can save your marriage and enjoy the love and companionship of your child and wife.
Think again and write me back, if you still have some questions.
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