wife goes to her parents house and threatens not to return because her joining a job was refused for the time being, as the child is 10 months old. she was told by husband and his family to join job after 2 years when ths child is 3 years. what are the legal rights of a husband regarding divorce as well as possession of the child and alimony?
2007-07-16 23:09:55 · 4 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
This case as such is not mature enough for divorce. Here the desertion of wife no doubt results in the breaking of the matrimonial home but the period of desertion is too short that gets the husband right to file for divorce on the basis of this desertion unless this desertion is of 2 years or more. Since the child is with the husband & wife has not yet claimed any maintenance for herself nor the custody of the child, this issue can be taken up during any proceedings in the family court regarding the either the issue of restitution of conjugal rights, or judicial separation, or divorce. The best what the husband can do in such a case can proceed the family court for judicial separation on the ground of cruelty of the wife along with it file application for the custody of the child & resist the application of the wife with regards to maintenance pendentilite during the pendency of the main petition & permanent maintenance/alimony after getting the decree of the judicial separation. The second course of action in such case is to go in for divorce by mutual consent by filling joint petition by both of them, after settling the issue with regards to custody of child & alimony amongst themselves. The divorce by mutual consent takes lesser time to settle the whole issue & can get both the parties free from each other, but the only problem in such cases is to go in for this settlement itself which takes precise time & energy to come to a conclusion & it can be settled by help of some lawyer or marriage consular.
2007-07-17 01:29:13 · answer #1 · answered by vijay m Indian Lawyer 7 · 2⤊ 0⤋
The husband is really a stupid fellow.How can he prevent the wife to do her job? The baby is 10 month old and can be very well taken care of by his parents. They are advising her to join job after two years. Can they give her guarantee that after two years her job will be available for her? Those days i remember very well that i had to leave my child on the 42nd day and joined my duties. Now the position has changed and the government and other public sectors are giving preference to the child/maternity care still people are not understanding the magnanmity before the same.
2007-07-17 07:21:32 · answer #2 · answered by VP K 3 · 0⤊ 0⤋
1) Lawyers can give legal advice. Nothing on Yahoo Answers, even from lawyers, is enough for your situation.
2) Consider relocating for her job, if yours could be relocated or replaced, and you actually love her and your child.
3) Consider getting a divorce and a new wife more amenable to being treated like a possession or servant.
4) Consider the best interest of the child, not your ego or image. The child is hers as much as yours and may have been more raised by her than you; being vindictive and trying to take the child from her may not legally work, and would probably harm your flesh and blood; how selfish are you?
2007-07-17 06:25:02 · answer #3 · answered by SC 5 · 0⤊ 0⤋
A women has the right to work any time that she is ready. She can not lose her rights to her child because she went to work.
2007-07-17 06:16:22 · answer #4 · answered by PEGGY S 7 · 0⤊ 0⤋