LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Bobby Gulati (Self)     23 March 2012

Domestic violence, divorce and custody

Hello to all the experienced people here on this forum.

I am writing from Naihati, West Bengal.

I have a query regarding Shalini who is my friend who has finally decided to ring the bell on her 'monsterous' family.

I am not a lawyer, but I am aware that the law just understands facts and evidence. Hence, I am going to cut to the chase by providing facts that are relevant to the topic at hand and try not to be emotional about it.


Shalini has told me her story and I chose to believe her seeing the ugly scars that were caused 'unexplainably'.

A few days ago she also was admitted at a Govt. Hospital since her uterus had sustained injury in the last beating that she received from this erratic. She also has the relevant medical reports regarding the same.


Here are some bare-bone facts.

1) They are married more than 9 years.

2) They have a 6+ year old child. She chose to stick on and face the usual beatings, verbal abuses and mental trauma for the well being of her child and now, she doesn't want to do it anymore.

3) Her husband is unemployed.

4) Shalini is employed.

5) The husband refuses to grant divorce.

6) Shalini's husband has a pending case of violence (with someone else) at a local court.

7) Shalini's mother who is employed (fearing the loss of her grandchild due to custody issues) has chosen to take the side of the abusive husband due to her own weaknesses as to who would get custody.

8) Shaini's husband beats up Shalini in front of her child.

9) The husband has totally brain-washed the child into thinking that Shalini is a very bad person though the child appears visually scared of the father due to the father's demands and tantrums.

10) Shalini's mother along with the husband and the child live in a separate house while Shalini unable to take any more torture has shifted to another shelter for the time being.

11) Shalini visits the child every evening (after work) to spend whatever little time she can with the child.

12) Her neighbours who are well aware of the violence, refuse to get their hands dirty with this problem as they fear social stigmas of today's society. You can say that she is alone in this battle in very many ways than one.


Hence my questions to you experienced individuals are:

i) Can this case be handled in a clean manner? What I mean is without getting the husband arrested keeping the child's interests in mind?

ii) Is there anyway that you can think of getting this erratic man to sign the divorce papers and just leave quietly?

iii) With the facts that I have mentioned above, who is entitled to custody of the child?

iv) Her husband's family does not know the nitty-gritties of what's going on, should she ring the bell and involve everyone?



Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 March 2012

if your friend shalini is ready to live with her husband thenshe has to file consent divorce petition by discussing with her husband.  If he agreed then problem will be solved.

Mother is the proper person to take care of the child.

If she wants to live quietly then let her think to file consent divorce petition.

1 Like

Bobby Gulati (Self)     23 March 2012

Thank you Mr. Rajoo for your reply.


According to your reply:

She does not wish to live with the husband anymore since she wants to bring the child out of the madness that it is subject to.

Consent is out of the question as the husband has refused to grant divorce.

Shalini's mother will stand by her side provided Shalini is given custody of the child (grandchild).

 

Is there anything else that you might be able to think of?

Bobby Gulati (Self)     23 March 2012

Another query... Given my facts above, what chance does the husband have to win custody under these circumstances?

Do reply as it will help her.

Thank you :)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 March 2012

These facts even if taken to be true can not be the basis for prediction of child custody issue. Which would be decided on the welfare of the child basis.

 


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

shrinivasg Advocate. (N)     23 March 2012

She should apply for  getting custody of child,maintenance and compesation, and residence order under D.V.Act.immediately and also divorce and custody and maintenance under H.M.A. she will get divorce  within 2/3  months also showing medical treatment papers for beating her regularly. As her spouse in unemployed, and if she is capable to take care of her child and prove it ,  she will get custodoy of child.

1 Like

Ranee....... (NA)     23 March 2012

 

As her spouse in unemployed, and if she is capable to take care of her child and prove it ,  she will get custodoy of child.

 

If both are emplyed, both  have no BAD habit, then?

If husband employed, wife unemplyed and husband has some bad habits like drinking/womenizing then?


Bobby Gulati (Self)     23 March 2012

Originally posted by :Shonee Kapoor
"
These facts even if taken to be true can not be the basis for prediction of child custody issue. Which would be decided on the welfare of the child basis.

 


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com
"


The welfare of the child is obviously the top priority in this case. The mother is fully capable of taking care of the child as she has a job in a very well reputed and respected organisation.

Could someone tell me, would Shalini's mother play a big role in this case? OR is it just between the husband and wife?

 

Thank you so much for all your replies and concern :)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 March 2012

If it is proved that the cases were false and filed for venegnce, then the court should tilt towards husband.

 


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

Bobby Gulati (Self)     25 March 2012

Originally posted by :Shonee Kapoor
"


If it is proved that the cases were false and filed for venegnce, then the court should tilt towards husband.

 


Regards,

 

Thanks for your reply. I am aware of the same but it doesn't really answer my question. :)
 

Shonee Kapoor

harassed.by.498a@gmail.com

"

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query