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Wife not coming back

(Querist) 18 December 2020 This query is : Resolved 
My marriage was in 2018.In 2020 September, my wife went to her parents house purportedly for writing competitive exams.But after that she did not come back. When I asked her date of coming back, she vaguely said in January 2021 she has exam and that about February and others she does not know. This incident happened on 3/12/20.After that she stopped calling me and started ignoring my calls. I am not able to see my child also. Her father told me that as I had not gone for her sister's marriage, He needs to think again for sending his wife and grandson to my house.They all(she,her parents, relatives) stopped attending my calls. Her mother last year had told me to get transfer near their house and live in their house. But I had not succumbed to their plans. Kindly advise me how I can get divorce with custody of child
Guest (Expert) 18 December 2020
Discuss in detail with an Advocate of concerned Family court of your Jurisdiction and they would take care.
Advocate Bhartesh goyal (Expert) 18 December 2020
You have no ground for getting divorce.I advice you don't ruin your married life better try to solve the dispute by help of your relatives and friends and even if dispute/matter does not resolved then file petition for restitution of conjugal rights before family court.
Isaac Gabriel (Expert) 18 December 2020
As far as possible starting be amicably solved by elders,if it was arranged marriage Better avoid legal actio as the battle may continuous ruining life.
Guest (Expert) 18 December 2020
With out due respect and love to each other the marriage will not be purposeful.
Guest (Expert) 18 December 2020
Here the Querist was totally ignored by the other side and even the child was not allowed to communicate. Seeking the Legal Remedies and Divorce and Visiting Rights of Child are the Only Legal Options. Discuss with your Local advocate.
Advocate Bhartesh goyal (Expert) 18 December 2020
Merely avoiding calls of husband by wife and her relatives is not a sufficient ground to seek legal remedied.I think their doubts and confusions can be removed by making them understand.
Rajendra K Goyal (Expert) 18 December 2020
Try to save marriage, take help of friends, relatives of both side.

If Hindu, at present you do not have enough grounds of divorce in your favor. Any initiation from you may invite true or false cases against you.
Sudhir Kumar, Advocate (Expert) 18 December 2020
do not ruin your life.
A. A. JOSE (Expert) 18 December 2020
Dear Anup Kumar....Wonder as to why you are so frustrated as to seek advise for divorce and custody of child rather than exploring all avenues to save your married life? Better try to resolve all issues between you, even by involving some respected community elders or relatives. Why to spoil your family life which should never be bartered for any minor issues that might have arisen between you and your wife please. Try all avenues for amicable resolution before rushing to the Lawyers for divorce.
Arjun Arjun (Querist) 18 December 2020
Sir, one of her relatives told me that they will file case against me and my parents.
Guest (Expert) 18 December 2020
It is high time you should Legally Safe Guard your self.. Discuss with your Advocate in very detail and proceed Legally and safe guard your self mentioning about Threats informed by your relatives. in the Petition
Guest (Expert) 18 December 2020
Willful separation is Cruelty of such type that it becomes impossible for spouse to live together.-- Neelu Kohli VS Naveen Kohli AIR 2004 All !
Guest (Expert) 18 December 2020
Proceed Legally and Protect yourself
kavksatyanarayana (Expert) 18 December 2020
Yes. Agreed with the advice of the learned-expert Mr. NJS Rajukumar sir.
Dr J C Vashista (Expert) 19 December 2020
Resolve your disputes amicably seeking help / advise of relatives/ elederly persons of the society /common friends.
A. A. JOSE (Expert) 20 December 2020
If you or your parents have not done anything wrong to your wife you have nothing to worry about such threatened action if and when that happens. However, if you are serious enough to save your family life, please try to find solutions with an open mind of "give & take" rather than maintaining rigid position which usually spoils cordiality in family life. Beware that in the normal course Advocates will be interested in guiding clients to resort to the legal proceedings as it involves their own vested interests too.
Rajendra K Goyal (Expert) 20 December 2020
Well guided by the expert A.A. Jose, agree to it.
Guest (Expert) 20 December 2020
" Advocates will be interested in guiding clients --- as it involves their Vested Interest too " Comments by A.A.Jose -- Labour Advocate and Rajendra K Goyal Who claims to be an Senior Expert is obviously with the interest of Degrading the Learned Advocates. This is Advocates Forum and only an Legal Guidance could be given here.
Guest (Expert) 20 December 2020
Whether these people had visited Family Courts and had experienced the Sufferings of Innocent Husbands there.
Guest (Expert) 20 December 2020
Atleast whether these two people Knew about Section 498 A-- Explain Please.
Guest (Expert) 20 December 2020
A.A.Jose should stop posting Cheap Comments about Advocates here with the acknowledgement of Rajendra K Goyal who Pretends here..
Guest (Expert) 20 December 2020
It would be Greatly Appreciated if A.A.Jose confirms all his Labour Cases as mentioned by him is taken up by him only Honorarily.
Guest (Expert) 20 December 2020
We Guide the Querist/ Clients HERE only Honorarily.--Prevention is Positive attitude. Intellectual solve problems and Prevention is Positive attitude.
Guest (Expert) 20 December 2020
Querist-- Seeking the Legal Guidance / Assistance / Process from your Local Advocates Right Now would Safe Guard you Legally..Since the Harassment and Police Complaint is being planned Not Only For You But Even For your Parents who could Senior Citizens also.
Guest (Expert) 20 December 2020
Refer the 243rd Report on Section 498A-IPC- by the Law Commission -- Govt of India -- which says -"The abuse and misuse of this Law is not peculiar to this provision".
P. Venu (Expert) 24 December 2020
There is no alarming situation as your wife had gone to her house only on the 3rd of this month, that too, for a specific purpose. It is not even a month since she has gone to her house. It appears that you are drawing too hasty surmises because of the alleged overawing attitude of the in-laws in the past. May be you can afford to wait for sometime for the passions to thaw, unless, of course, there are deeper issues.

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