My brother’s wife went to her maternal house with her 5-month-old daughter

My brother's wife went to her maternal house with her 5-month-old daughter for the first time after the birth of the child. She has been living there for the last 2 months. When her in-laws asked her to return, she refused and started threatening my family, telling my brother that she wants to live separately from the family. My brother is the only male child of our parents.

by Shivendra Pratap Singh | Apr 8, 2023 | Family Law

My brother's wife went to her maternal house with her 5-month-old daughter for the first time after the birth of the child. She has been living there for the last 2 months. When her in-laws asked her to return, she refused and started threatening my family, telling my brother that she wants to live separately from the family. My brother is the only male child of our parents.

Firstly, it is important to try and understand why she is refusing to return home. It may be helpful for your brother to have an open and honest conversation with his wife to discuss her concerns and try to find a solution that works for both of them.

If your brother is having difficulty communicating with his wife, it may be helpful to seek the assistance of a professional mediator or counselor who can facilitate communication and provide guidance on how to resolve conflicts.

If your brother's wife continues to refuse to return home and threatens your family, it may be necessary to file a civil suit under section 9 of the Hindu marriage act for the restitution of conjugal rights.

Under Section 9 of the Hindu Marriage Act, a spouse can file a restitution of conjugal rights suit if the following conditions are met:

  1. The spouses must be Hindus.
  2. The marriage must be valid under the Hindu Marriage Act.
  3. The petitioner (the spouse filing the suit) must be legally married to the respondent (the other spouse).
  4. The respondent must have deserted the petitioner without any reasonable cause.
  5. The petitioner must have made a request to the respondent to return to the matrimonial home.
  6. The respondent must have refused to return to the matrimonial home.

If these conditions are met, the petitioner can file a restitution of conjugal rights suit in a district court with jurisdiction over the area where the spouses last lived together or where the respondent currently resides. The court will then issue a summons to the respondent, and if the respondent fails to comply with the court's order to return to the matrimonial home, the court may pass a decree for restitution of conjugal rights.

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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