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PHi everyone. Just wanted to seek some legal advice.
For some context, my aunt and uncle have been married for five years. Around December 2024, they both took a vacation in the United States. They were having ongoing disagreements.
When they returned to India, she grabbed all her stuff from my grandparents place (in-laws) and went back to her parents place (she had not even waited for my uncle to come from the US as he was on a different flight). She took the kid with her. She has done this multiple times, every time she fights with my uncle, she gets angry and leaves and goes to her parents place. Instead of trying to resolve conflict or engage in any kind of communication, she just runs back to her parents. She posts cryptic posts on social media/Facebook/instagram about marriage, manipulation, etc.
This time though she has taken it really far. She drained the joint bank account, took the child with her, blocked a lot of our family members on social media.
She left first week of January asking for a mutual separation yet it is March and she has not filed or done anything. She says expects full financial compensation from my uncle and that he should be the one paying every single penny for the child. She refuses to buy formula, diapers for the baby. She hasn’t attempted reconciliation, she hasn’t filed, she is just sitting at her parents place with the child and won’t let my uncle take the child out anywhere. She lets my grandparents and uncle occasionally come over and visit the child for 30 minutes-1hour max.
It is getting really difficult as my uncle is no longer able to see his child anymore/as much as he wants. He reaches out to her everyday to see the child and she conveniently takes 1-2 days to respond (saying she’s busy, they have guests over, the baby is cranky, etc.) It is also hard because every time they go over to visit the baby, she makes them sit in a very confined living room space and play with the baby which is very hard. And then she sits across them and monitors them as if they’re criminals.
In no way are we saying she is lying but she spends A LOT of time on her phone/is chronically online. (She managed to create an instagram page for the baby but somehow cannot figure out if she wants to divorce her husband.). Because my uncle removed her from their joint insurance policy or something, she went and blocked our entire family on social media.
What should we do? We cannot keep living like this. She is withholding the child from my uncle and grandparents (not totally) but she won’t let them take the child anywhere. She keeps the child with her in her house.
Feel free to ask for more information. I’m happy to share stuff but please no dms and please ask questions before making any assumptions.
EDIT: She has had a repeated habit of doing this. She has left her in-laws/husband many times after petty fights with my uncle and goes to her parents place and sits there for 2 months but this time, she has taken it really far. She’s from a very rich family by the way. She does not contribute to household expenses despite being a working woman/chartered accountant nor does she contribute to household work. I also might take this post down later for the sake of my family’s privacy.
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BLawyer here based in Delhi. Since the mother is the natural guardian, full custody will be difficult, but your uncle can legally secure visitation rights so that he is not dependent on her conditions to see the child. Courts do not support unreasonable restrictions on parental access.
If she is deliberately stalling divorce while making financial demands, he can file for divorce himself and contest any excessive claims, especially since she is financially independent. If the goal is reconciliation rather than divorce, he can consider filing for restitution of conjugal rights, but that depends on what he wants out of this situation. If you need help deciding the best course of action, feel free to reach out.
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PI mean she’s really manipulative but I don’t know if a court is going to be able to see that. I think they’ll probably favor her. She said she wanted a mutual separation and wanted him to foot everything financially in January and she also said that “it would take time for the papers to come.” but it is now March and she has not done a single thing.
We definitely need help deciding the best course of action!
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CAssuming you are Hindus, your uncle can file a Section 9 Application for restitution of conjugal rights, saying that she has gone away without any just cause.
Consult a good lawyer before proceeding, custody issues and other things would require court intervention. -
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P1. your uncle can file Restitution of Conjugal Rights case on her asking her to get back to him. Through this he can safeguard himself, if later she claims maintenance legally. [https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/)
2. If she doesn’t respond or refuses, he can file a child custody case. He will not get custody of the child as the child is below 5 years of age and needs mother more than the father. There he can ask for visitation rights and insist that child support will be given only if the visitation is allowed. [https://divorcebylaw.com/child-custody/](https://divorcebylaw.com/child-custody/)
[https://divorcebylaw.com/understanding-child-custody-types-rights-and-responsibilities/](https://divorcebylaw.com/understanding-child-custody-types-rights-and-responsibilities/)
For further clarification contact us [https://g.co/kgs/9FCZdj3](https://g.co/kgs/9FCZdj3)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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