Wife went to her parents with my daughter and not comingback
Kushal
(Querist) 15 March 2019
This query is : Resolved
I was married in Jan 2012. We have one daughter of 4 years old. It has been three months now that my wife is not coming back. She is not talking to me, all the talking is done by my in laws. We had a fight and then she went. Fight was not physical, just a regular husband-wife fight. I am a short tempered person, but I don't keep anything in my mind - I forget it within few minutes of fight. Now my in laws are asking for divorce in MUTUAL AGREEMENT. I have said sorry for so many times now, I and my parents have visited their house many times requesting her to come back. My parents donot live with us, they stay at my native place. In laws are saying that they will put my daughter to local school, they are saying that daughter lives with her mother. I don't understand that on what basis this can be said when we are still married. I donot want any divorce, hence no issue of MUTUAL AGREEMENT. We have had many fights in past but such a thing has never happened. I want my wife and daughter back. If not then I want them to stop from putting my daughter in local school. I want my daughter to stay with me. Please suggest any path forward.
Dr J C Vashista
(Expert) 16 March 2019
Let your "ego" be left aside, go to in-laws (rope-in your parents/relative /respectable person of Society) reconcile the issue(s) and convince them for amicable settlement "out of Court" but within community/ relations/ society.
Sudhir Kumar, Advocate
(Expert) 16 March 2019
There is a silver lining in your case. reconciliation seems possible.
Atleast you confessed:-
" I am a short tempered person"
SO THE SOLUTION IS WITHIN YOU.
YOU ALSO CONFESSED:-
"but I don't keep anything in my mind "
SO YOU HAVE TO TAKE CARE NOT TO SAY WORDS WHICH OTHER MAY ALSO NOT LIKE TO KEEP IN MIND
You also confessed:-
" I forget it within few minutes of fight."
YOU HAVE TO REALISE THAT OTHERS MAY NOT FORGET.
Vicky Shah
(Expert) 16 March 2019
I understand your position. Your in-laws need to understand and make your wife understand that breaking is very easy but staying together is difficult. There would be instances in the past that may have not been pleasant and it may come in future as well. Every couple will have some differences of opinions. DIVORCEE is the worst thing and should be avoided unless absolutely necessary. You can have a neutral unbiased counsellor appointed to have a joint discussion among
1. your wife and you first,
2. if the above does not work than with your wife, in-laws and yourself
3. if this also does not work out than you, your wife, in-laws, your parents.
Please note: Better avoid other relatives or family members from both sides, sometime they act as fuel to fire instead of controlling the situation.
Kushal
(Querist) 16 March 2019
Thanks Mr.Vicky Shah. Unbiased counsellor/mediater seems to be a good option.
P. Venu
(Expert) 17 March 2019
You have the option of filing an application for Restitution of Conjugal Rights. However, this is a double edged sword. It is often the practice that the respondent wife, rather she advised, to adopt a overactive defence through a plethora of counter-cases. The provisions of 498A IPC and DV Act are tools ready at hand her for if she she opts to take an aggressive stand.
krishna mohan
(Expert) 22 March 2019
Having a direct dialogue with your wife and in laws will help. Give a confidence building measures by assuring that such short coming will be avoided. If moves positive then you can try with your parents help to reunite. Counseller/Mediator could also be a better choice provided the both the families are having respect for the person to be appointed as Mediator. Good luck.
