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sweety   02 September 2015

Temporary abandonment by husband,

Hi,

I have been married for six years with 3 year old daughter.

My husband is of very short tempered nature and gets into arguments with anyone and everyone on petty matters. He also ill treated me and used to stop to attend any family functions in my home if he did not wish me to go and also always asked me to go alone without taking daughter to my parent's/brothers place. Frustrated with his behaviour , and also suspicious of this extra marital activity, i asked him his opinion about the future of marriage, He left home with some of his belongings but not all belongings and took the common keys of the house. . Since that time, he did not try to contact me or take care of the daughter and simply went underground . But used to come to house occasionally in my absence ( I am working)  and also meet daughter in school.

Now after a month, he wants to come back to house( house is in my name and I am paying EMI) . I do not wish to stay with the person who become underground without  any information , and now comes back at his own will.

How can stop him from living with me now ? Also I am afraid, he might take the child without my knowledge :(.   Can you please help me in this matter

 

 

 



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 13 Replies

saravanan s (legal advisor)     03 September 2015

you can either obtain an injunction against your husband to prevent him from coming to your house

prabhakar advocate (advocate)     03 September 2015

Filing a civil suit making yourself and your daughter as plaintiffs and your husband, areas SHO and also the head of creche/play school, where your child stays during day time when you are at your workplace and seek permanent injunction against him and also an application seeking interim injunction against him that he shall not contact you or your child.  Till you get interim injunction, take extra care that the child will not be taken away.  There is alternative legal way, to file domestic violence case and seek interim relief of restraining and protection orders against him.  Leaving aside all these options, I also feel that you are over-reacting.  If he is coming in your absence to the home and visiting the child, means he has got love towards the child.  If that is so, you should not stop him to shower affection towards the child, who is his daughter also.   So, sit together and if you do not want him to stay with him, then with mutual understanding come to a positive conclusion regarding his fixed visits at fixed times to meet the daughter.  If you are suspicious that he won't honour his promise regarding visits, then opt the legal method I suggested above.

1 Like

Prasad (Systems Engineer)     03 September 2015

Hello Sweety... 

 

 
If a wife can stay in husbands own house for which he pays EMI, why not a husband stay in wife's house for which wife pays EMI?

 

Your daughter needs safety, guardianship and love of her dearest father.

 

So, you should give your husband, access to his daughter.

 

It is not a crime if your husband takes his daughter.

 

Do not deny her basic birthrights to your daughter.

 

Your daughter willl not forgive you for denying her fathers' access,. when she grows.

 

In this dangerous world, the only man you and your daughter can trust is your husband.

 

All other men might become dangerous to your daughter.

 

So, do not put your daughter's life in danger.

 

Even if you don't like your husband, allow and give unlimited access of her father to your daughter.

 

Over the peroid, you both will get wisdom to live together for the better life of your beloved daughter.

Born Fighter (xxx)     03 September 2015

Rightly adviced by Adv Prabhakar !

sweety   03 September 2015

Thanks for the advice.

The problem I have with him is that, whenever I want to go my parents or brother;s hosue, he says I cannot take daughter with me as he does not want to keep relations with my family members.

Does he have the right to do that as my husband and child's father? What can I do in this case.(legally)

Can he stop the child to go with her mother , to her own family member;s home ?

 

I walk alone (Asst Manager)     03 September 2015

Hi Madam,

A simple one line question to you, do you wanna dump him? what is that u want?

sweety   03 September 2015

I can stay with him, till he does not pose any restrictions on my movement along with my daughter . If he stops then what can be the immediate solution to this ?

 

 

prabhakar advocate (advocate)     03 September 2015

The restrictions imposed by your husband are unreasonable. A child needs the affection of both the parents and grand parents of both the parents, uncles and aunts and friends in school near residence to develop healthily. So, explain him this thing and if he will be obstinate, then take legal course as I suggested above.

SAINATH DEVALLA (LEGAL CONSULTANT)     03 September 2015

The title of UR query is "Temporary Abandonment by Husband"

It could be superiority complex or egoistic nature that is making him behave that way.General some people develop a feeling that they are above everyone and whatever they say is the law of the house.Countering such mentality further aggrevates the situation inviting unforseen troubles in the house.They have to be dealt carefully to bring about change in them.Its better both of visit a counselling centre and sort out our problem.Thinking of separation will ruin the life of UR lives and the future of UR daughter also.

What makes U say that he is having extra marital relationships? Have U seen him with somebody,or do u have any proofs or is it just presumption?


(Guest)

Listen to your husband instead of listening to your parents, that will help you not only save your marriage, but you will be saved from finding new father to your dotter and he new wife.  The problem is in you, you are not listening to your husband, first do that, rest all will fall in line.  Stop singing song of my parents, my brother bull sh!t.  If you dont listen to your husband now, how will your dotter listen to her father?  You are a rebel, she will also sideline her father when she grows up, try to be a good role model to your dotter than a arse.

Good luck.


(Guest)
Originally posted by : sweety
Thanks for the advice.

The problem I have with him is that, whenever I want to go my parents or brother;s hosue, he says I cannot take daughter with me as he does not want to keep relations with my family members.

Does he have the right to do that as my husband and child's father? What can I do in this case.(legally)

Can he stop the child to go with her mother , to her own family member;s home ?

 

If you talk legally, there is no family only.  Jo bhi he ghar mein baat karo, always remember your parents and your brother are not your family any more.   But your husband and dotter are your family memebers.  So try to differentiate between who is yours and who is not.  If you go against husband, you are kissnig your marriage good bye.

SuperHero (Manager)     04 September 2015

@Sweety - May the FORCE be with you.

T. Kalaiselvan, Advocate (Advocate)     11 September 2015

This Is not such a big problem to be concerned about.  It will depend on you to react or pro act to his behavior.  He might have had a bitter experience in your paternal house so you may find the root which caused him  to have this kind of hatredness towards your parents or close relatives. Actually this issue appears to have been blown out of proportion. 

You have plenty of better solutions even now, try something.

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