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Subhomoy Das (Retail Manager)     16 July 2011


A wife have left her husband house in pregnant condition and was staying in her parents house. Now after the delivery  the wife have joined service in a residential school as a teacher. the wife stays in the school hostel (not employee quaters) on sharing accomodation with her 3 months old baby. \

Q : Does the law provide permission to a mother to stay in a hostel on sharing accomodation with her 3 months old baby. Does the hostel is the right place for a 3 months old baby to stay where her proper care may not be taken properly. Under the given circumstances can the father claim for the custody of his 3 months old baby where all facilities with nice homely atmosphere is available for the care of the baby. The mother of the baby will not return to her husband house.

Q : A wife can file true/false 498A or DV against her husband for dowry demands leading to mental/physical torture. Now whene these wife files false 498A cases and demands huge amount of money for an out of court settlement then does this act is not less than demanding of dowry. There is no where written in the law that the wife can ask huge amount of money from her husband for an out of court settlement. So this act is also illegal like demanding of dowry from wife.

If a wife really suffers the torture from her husband and matrimonial house then she must file 498A cases. But whether she files false or true tortures then why does she goes for an out of court settlement i dont understand. If the wife really suffers the torture then she must fight in the  Court of law for justice. By opting out an out of court settlement the woman shows that neither she had any confidence on her merit of compliant nor she does have any faith on Indian judiciary system.


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