Regarding husband wife strifes

SHEKHAR (Querist) 19 October 2011 This query is : Resolved
MR. SHEKHAR SALUNKE
DIST; SOLAPUR ; MAHARASHTRA
EMAIL; spr_salunke@bsnl.in
DATE; 15-10-2011

GREETINGS OF PEACE SIR!
PLEASE PROVIDE ADVICE ON THE FOLLOWING;-
CASE;
1. A MARRIED COUPLE (14 YEARS OF MARRIAGE) HAVING TWO KIDS 12 YRS MALE AND 6 YRS FEMALE)
2. HUSBAND GOVT. SERVANT, WIFE A HOUSE WIFE.
3. FEMALE SUFFERED EPILEPTIC (CONVULSIONS) DURING THE SECOND PREGNANCY)
4. THEREAFTER SHE SUFFERED A FEW EPILEPTIC ATTACKS.
5. MEDICAL HISTORY INDICATES NULL DIAGNOSIS, AS ALL THE TESTS SHOW NEGATIVE RESULTS AS REGARDS BRAIN SCANNING (MRI)
6. SINCE LAST FOUR YEARS HUSBAND HAS BEEN CONFIRMED TO INITIATE FREQUENT STRIFES WITH THE WIFE AND WARNS TO HAVE DIVORCE AND ABUSES HER.
7. HUSBAND SUSPECTED TO HAVE EXTRAMARITAL AFFAIRS.
8. RECENTLY A PHONE CALL WAS RECEIVED FROM AND A FEMALE VOICE WAS HEARD ON THE HUSBANDS MOBILE WHICH WAS LEFT FORGOTTEN AT HOME. WIFE REEIVES THE PHONE AND SURPRISIGNLY THE CALLER FEMALE ASKS TO REPLY THE PHONE CALLS (WHICH WERE NOT RECEIVED EARLIER BY THE HUSBAND), SHE WARNS “ IF YOU SHALL NOT SPEAK TO ME I SHALL SUICIDE!”
9. WIFE AT UNREST. CALLS BACK THE NUMBER FROM HER OWN MOBILE. AGAIN THE SAME VIOCE SPEAKS ROUGHLY AS TO WHO THE CALLER WANTS? MISLEADS THAT SHE IS FROM OUTSTATION.
10. CALLS THE HUSBAND FROM DUTY AT HOME, ALSO THE ELDER BROTHER.
11. HUSBAND REPORTS HOME, IMMEDIATELY DELETES THE CALL HISTORY FROM HIS OWN AND WIFE’S MOBILE.
12. HAS SERIOUS DISCUSSIONS.DENIES TO HAVE ANY EXTERNAL AFFAIRS.
13. AGAIN FREQUENT STRIFES SURFACE EACH DAY.
THE DETAILS OF THE SITUATION IS AS;-
1. WIFE OWNS A HOUSE.
2. HOUSING LOAN HAS BEEN AVAILED FOR CONSTRUCTION ON THE HUSBANDS SALARY GUARANTEE AND SALE DEED MORTGAGE FROM SBI.
3. SALARY OF THE HUSBAND16000/- (SIXTEEN THOUSAND PER MONTH.) HOUSING LOAN INSTALMENT = 9000/- (NINE THOUSAND PER MONTH)

QUESTION;
IF EVER DIVORCE IS INITIATED THROUGH A LEGAL NOTICE BY HUSBAND, WHAT SHALL BE THE COURT OBSERVATIONS AND DECISIONS REGARDING:
- CHILDREN (aged 12 years male and 6 years female) WILL BE WITH MOTHER /FATHER?
- FATE OF HOUSE PROPERTY OWNED BY THE WIFE,
- AND LOAN REPAYMENT LIABLITY WHERE THE HOUSE IS IN THE NAME OF WIFE AND LOAN DRAWN ON HUSBANDS SALARY.
- MAINTAINENCE DECISION?
PLEASE SIR, I NEED YOUR EXPERT ADVICE IN THIS REGARDS..
THANK YOU,
SINCERE,
SHEKHAR SALUNKE

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Devajyoti Barman (Expert) 19 October 2011
Mother is likely to have the custody though the wish of the children will pay the pivotal role.

Nothing

Husband is likely to pay maintenance keeping the upkeep of the wife and the children in mind as per his own status and requirement of the children.

Shonee Kapoor (Expert) 20 October 2011
IF EVER DIVORCE IS INITIATED THROUGH A LEGAL NOTICE BY HUSBAND, WHAT SHALL BE THE COURT OBSERVATIONS AND DECISIONS REGARDING:

- CHILDREN (aged 12 years male and 6 years female) WILL BE WITH MOTHER /FATHER?

The marriage of 10 years can not produce two offsprings of 12 an 6 years respectively. However, welfare of the children is the sole criteria for deciding child custody. The court would see with whom the welfare of the children exist and decide accordingly.

- FATE OF HOUSE PROPERTY ,

It is in whose name?

- AND LOAN REPAYMENT LIABLITY ETC?

If the property is in your name, then liability is yours only.

- MAINTAINENCE DECISION?

She would certainly get certain maintenance.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com