Mazhaikaadu 14 October 2015

Wife

My friend has two children [Daughter & Son]. Because of busy city life and distance from home town, he could not care his mother [father expired] much. He loves her daughter very much and he lives for her only. Now the Daughter has grown up and just achieved Major status and the son has only 4 years.

When there was a quarrel between husband & wife, his daughter interfered and started insulting her father so he shocked and speechless. Moreover wife started saying that they can live without him, because she is also earning [online job].

All these were happening, immediately after getting a village home from her [wife’s] mother. All the legal formalities were done by my friend only just before a week.

They have stopped food for him; even he is not getting a single tea from them. He is totally isolated and depressed. Now he feels so sad/bad about the situation and wants to go for a rental house so that all of them will be comfortable.

Option - 1

She had already said that she could manage the family, so he has stopped paying money for her. In case, if she changes her mind, what are the rights she can raise if he goes for a rental house?

The home presently they [Friend’s family] are living is in my friend’s name only.

One of the two properties in the village was purchased by bank loan and it has more 3 years to complete. Those properties are also in my friend’s name.

Option - 2

Instead of going for rental house, if he decide to leave the city and go permanently to the village [no legal separation], what are the right she can ask?

Friend wants to make legal documents as per below, for children safety, before leave the city.

- City home in the name of his son, because of the understanding of
  Wife’s village home [recently transferred] will go to the daughter in future.
- The bank loan will be settled down by selling recently purchased property.
- Another property will be sold for friend’s village settlement.

What are the troubles can be raised in future by wife, if he selects any of the above options?

Friend is in depression because of unexpected reaction from her daughter, he thinks that his wife has brain washed the daughter and turned against him.

Your help/suggestion can direct him for a better way and without any further troubles.

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7 Replies

(Guest)

Its the values one passes on to th kids.

Looks like there is no control over the wife or the dotter. Now nothing much can be done except crying silently, this is what happens if you let females of the house take the lead.

Pacify with wife, thats the only option available.

SAINATH DEVALLA (LEGAL CONSULTANT) 15 October 2015

At the outset it is a family matter and not yet a legal angle.Though having sympathy for UR friend,if the properties are self earned he can do as he likes,nobody can object or stake a claim.If ancestral the scenario changes.Behaviour of the daughter it is left to him to change her.

Mazhaikaadu 15 October 2015

First of all thanks for the response.

I just wanted to know even if it is not a legal separation, is there any possibility of claim/case from wife's side [wife's rights] after he relocates to rental house or settle down in village.

SAINATH DEVALLA (LEGAL CONSULTANT) 15 October 2015

City home in the name of his son, because of the understanding ofWife’s village home [recently transferred] will go to the daughter in future.
- The bank loan will be settled down by selling recently purchased property.
- Another property will be sold for friend’s village settlement.

What are the troubles can be raised in future by wife, if he selects any of the above options?

Not a bad proposition,as long as he is alive none can claim any of the self acquired properties.

T. Kalaiselvan, Advocate (Advocate) 19 October 2015

All those things what you have suggested is the action plan of your friend to solve the issues amicably without giving a legal paint to it.

However, the law says that the properties being his self acquired properties, he can do anything with them and he need not take permission or consent from his wife or children for that. If his wife and the daughter have suddenly changed their attitude, there must be something seriously wrong with him unless it will not be possible for a very long cordial relationship to come to an abrupt end suddenly without any reason.

Your friend have chance even now to save the situation and his marriage, advise him to consult a local advocate on all such further issues and let him take a wise decision patiently.

1 Like

Mazhaikaadu 20 October 2015

Thanks Kalaiselvan for the responsible reply.