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Deepak Deb (Service)     14 September 2008

I want my son to stay with me..pl advise!!

My wife often runs away with my 1yr old son from my house to her parent's home for indefinite time. also when she is there at her parents home, she does not contact me nor update me about my son.  I was hadly able to spend time with my son. Can i take some legal action against her to force her to stay in my house along with my son. I want my son to stay with me. what should i do. pl. advise.


Learning

 10 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     14 September 2008

Deepak Deb :

There are several ways to legally force your wife+child to stay with you.

BUT

These "FORCEFUL" ways are no way to keep or build permanent relations.

Further there is no point in having a "FORCED" relation. Such relations are always short-lived and are a permanent strain and stress to life for all family members.


Suggestions:

- Coerce her back to stay with you. Love her more and more.

- Seduce her with incentives and inclinations.

- Reduce or Stop shouting or any other type of violence.

- If you shift to some other district or state, then she won't find the desire to run away.

- The husbands family members should not talk much to her, for few months.

The wife would be around 25 years of age, would be a pampered girl of her parents and may be feeling more comfortable in her parents house. SO ...

- Try to create the same ambience in your own house.

- Go for outings, holidays, restaurants, friends place, long drives and so on ...


Keep Smiling ... Hemant Agarwal

1 Like

Guest (n/a)     14 September 2008

Hello Hemant,


Thanks for your advice. all the above points  have been tried out. but didnt work. infact the distance between her parents place and my house is long. i stay at bangalore and her parents place is in Guwahati.


So, if there are some legal ways of keeping her and my son then pl. let me know the details.

giri nivarthi rao yadav (lawyer)     14 September 2008

It is because your mother-in-law is from a different state you are facing this problem.


You try to get a job for her in your place or in your office if it is possible


If you are self-employed you can take her assistance in your office and give her more love.This problem may be for a short term and she may realise soon and join you.


you can file  a case for restitution of conjugal rights if she didn't join you for more than a year and take advise from a lawyer in your area.


     giri nivarthi rao yadav


      advocate


      hyderabad/india

giri nivarthi rao yadav (lawyer)     14 September 2008

It is because your mother-in-law is from a different state you are facing this problem.


You try to get a job for her in your place or in your office if it is possible


If you are self-employed you can take her assistance in your office and give her more love.This problem may be for a short term and she may realise soon and join you.


you can file  a case for restitution of conjugal rights if she didn't join you for more than a year and take advise from a lawyer in your area.


     giri nivarthi rao yadav


      advocate


      hyderabad/india

Guest (n/a)     14 September 2008

hello giri,


Thanks for your advice.


I would like to mention that her mother has died long back. also regarding her job, i always used to say her to join somewhere or do some professional course after marraige but she never takes any initiative. now that my son is small(1 yr) it seems it may not be possible for her rather she always says she dont want to keep the baby in any day-care( though it is also there in my office). after marr, she had spent only 2 mons continous in bagalore along with me and after my sons birth only 4 mons here.


I dont want divorce, but instead i want to take some legal action so that she is forced to stay with me along with my son. i dont want my son should miss either of his parents.


also i would like to know is it possible to send legal notice to her that she is doing cruelity to meand my son  by keeping my son away from me.


Deepak

JAYLAL JAISINGH BISUKARMA (ADVOCATE)     14 September 2008

Your query is divided into 2 parts.

ONE IS REGARDING YOUR WIFE WHO OFTEN LEAVES YOU (DESERTS YOU)...AND FAILS TO COMMUNICATE YOU...ITS OBIVIOUSLY SHE IS DOING CRUETLY DONE ON YOU. AND IF WIFE CONTINIOUSLY DESERTS HER MATRIMONIAL HOUSE FOR 1 YEARS you can file "RESTITUTION OF CONJUGAL RIGHT" BEFORE THE FAMILY COURT.

SO FAR AS YOUR SECOND QUERY FOR STAYING OF YOUR SON (CHILD) IS CONCERNED. YOU CAN file a case for "CUSTODY OF THE CHILD" BEFORE THE FAMILY COURT. ATLEAST YOU CAN FILE AN APPLICATION FOR "ACCESS TO CHILD" IN THE FAMILY COURT.

ABOVE ALL YOU DO SENT A LETTER /LEGAL NOTICE TO YOUR WIFE TO RECONCILE WITH YOU ALONGWITH MINOR SON.

Advocte J.J. BISUKARMA (Advocate, High Court, Mumbai)

JAYLAL JAISINGH BISUKARMA (ADVOCATE)     14 September 2008

Your query is divided into 2 parts.

ONE IS REGARDING YOUR WIFE WHO OFTEN LEAVES YOU (DESERTS YOU)...AND FAILS TO COMMUNICATE YOU...ITS OBIVIOUSLY SHE IS DOING CRUETLY DONE ON YOU. AND IF WIFE CONTINIOUSLY DESERTS HER MATRIMONIAL HOUSE FOR 1 YEARS you can file "RESTITUTION OF CONJUGAL RIGHT" BEFORE THE FAMILY COURT.

SO FAR AS YOUR SECOND QUERY FOR STAYING OF YOUR SON (CHILD) IS CONCERNED. YOU CAN file a case for "CUSTODY OF THE CHILD" BEFORE THE FAMILY COURT. ATLEAST YOU CAN FILE AN APPLICATION FOR "ACCESS TO CHILD" IN THE FAMILY COURT.

ABOVE ALL YOU DO SENT A LETTER /LEGAL NOTICE TO YOUR WIFE TO RECONCILE WITH YOU ALONGWITH MINOR SON.

Advocte J.J. BISUKARMA (Advocate, High Court, Mumbai)

Guest (n/a)     14 September 2008

Hello Jaylal sir,


thanks for your valuable feedback.


i'll send the legal notice first and then depending on the reaction of my wife I'll take further action as per your suggesstion.


Can you let me know how to send a legal notice/letter..do i need to file case for that.


Regards,


Deepak

Guest (n/a)     15 September 2008

FILE APETITION  IN FAMILY COURT IN SECTION 9.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     18 September 2008

Chief Justice do not matters does not matter

I feel like laughing at your answer.

haa ... haa...haaa....heee...heeee....heeee....heee...hee...heee...hee 

Keep Smiling ...HemantAgarwal


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