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?
