Domestic violence, child custody
samuel
(Querist) 12 August 2015
This query is : Resolved
I my brothers family and mother live in a single house as a joint family. My wife prefers to stay with her mother who is separated from her husband and lives with her grandfather in her uncle's house. She says she will not come unless I sell some property and construct a separate house for her. This is simply a reason to justify her stay with her mother. I joined my 3 year old daughter in a shool nearby to her uncle's house. Every weak I have to go there and pay for expenditures. My daughter does not like to live there. They always make her cry. So yesterday I joined her in a school nearby to our family house. she often threatens to sue us using Domestic violence act. She is telling she will forcefully take my daughter and keep her in her uncle's house which he has given to her mother and granfather without rent. She is not having any property she asks me to give her share in my property and make settlement for divorce. She is threatening to file complaint in police station to get money and property from me and live either a separated or divorce life with daughter.
What can I do to avoid giving share in my property?
What can I do to keep daughter in our family house?
If she files a domestic violence suit.
SAINATH DEVALLA
(Expert) 12 August 2015
So the bone of contention for her is the matrimonial joint family.Well at the time of marriage was she not aware that she had to stay in a joint family? Property matter is a subject to be discussed later on.It is a clear picture that she is acting under the influence of her maternal household.Don't stretch the matter too far and settle it amicably.Engage the services of elders and try for a compromise to stay together.498A and dv cases will ruin both the lives.
Rajendra K Goyal
(Expert) 13 August 2015
Try to settle the matter amicably. Take help of elders.
samuel
(Querist) 13 August 2015
Today morning she has filed complaint against me, my mother and brother in the women's police station. The SI called me and asked me to bring my mother and brother alongwith the child to the police station at 10.00 am tomorrow. But I dont know any detail about the complaint. I doubt they would send the child with the mother. Do I have any right to keep the child with myself? Will they demand I must sell property and construct house for her? Thanks in advance.
SAINATH DEVALLA
(Expert) 14 August 2015
Mother has a right to claim the custody of the girl child and U cannot resist.What way the police are concerned about the property matters,it is for the court to decide.
