there may be effort to save marriage by judge as it is per guideline of supreme court. she can refuse to stay with him but only for valid legal reasons & ask for maintenance . for brief & for legal guidance u are free to call me
Court forced wife to stay with husband for 10 days
My sister was living sperately from her husband for 1-year and both were unhappy with marriage. My sister filed a recent case for her husband to provide her with maintenance, during the court proceeding the judge directed her to stay with her husband for 10-days. This could lead her to lose her job as she will forced to take care of things. My sister agreed partially to this since she was afraid that if she did no then she would lose custody or her kids and make things even worse for her. 1) Can the judge force her to stay with her husband? 2) What can she do so that in the next hearing she is not forced to stay more with her husband? 3) Can she refuse to stay with her husband and still ask for maintenance? 4) what is her best course of action as of now?
Asked 10 years ago in Family Law
Religion: Hindu
11 answers received from multiple lawyers
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11 Answers
no one can force you to stay with your husband if you are not interested
1)if your sister was unhappy with marriage and had stayed separately from her husband for 1 year she should have in consultation with husband filed case for divorce by mutual consent .
2) in the alternative she should have filed for divorce . in said petition claimed maintenance .
3)what has been done by your sister is she has only filed for maintenance under section 125 Cr Pc .
4) you have not mentioned what is your sister qualifications . whether she is working or not ?
5) if she is not working and is a housewife she can claim maintenance .
6) the court is trying to save marriage . hence has suggested that she live with her husband for 10 days .
7) she cannot be forced to live with her husband .in any case now that she has agreed she better stay with him for 10 days .
8) if no reconciliation is possible mention it on next date that inspite of best efforts reconciliation has not been possible . court will pass order on maintenance .
1. If mutual unhappiness stemmed out of marriage then your sister and brother-in-law should have applied for a joint divorce. In the event her husband did not agree to mutual divorce she should have unilaterally applied for divorce on the relevant grounds.
2. She cannot be forced to live with her husband. If your sister did not want to live with her husband then she should not have agreed to the contrary in court. Now that she has agreed to live with him, backtracking from this undertaking may result in adverse legal consequences for her. She should now carry out her promise to live with him for 10 days.
3. After expiry of 10 days court may try the case in accordance with law if it is of the opinion that differences cannot be ironed out.
agree with experts, nothing left to add
Thank you all for your response. My sister must have said yes during proceedings as mentioned above hence the court order. But most likely due to pressure from Judge and fearing repercussions. She is earning about 20K per month her husband 1.3 lakhs per month. She has 3 kids. 2 boys 8/6 and 1 girl 3 years old. In the end for us the best result is custody of all 3 kids. As a family she need not worry about financial obligations even though her own income is low. What are the chances that she gets custody of all 3 kids and possibly alimony in divorce. We may even give up alimony if it means custody of kids. What is our best course for action. Her husband has tortured her mentally/ thrown out of house previously and there have been 4-5 occasions when my parents had to travel out of town to get her back home/help her. Unfortunately we cannot prove this as at that time we still had hopes for re-conciliation and no thoughts about divorce
Asked 10 years ago
what ever you do but do not make compromise on alimony and maintenence,pls keep in mind the welfare of the child is the paramount consideration for the court to give custody so it is possible that you may get custody if your husband has no objection to it. hire a advocate for your help
No one can foretell you the outcome of a legal proceeding. If your sister wants to have the custody of her children then she needs to file a case for child custody which will be adjudicated by court on merits. If she is on right side of law and her case is prosecuted diligently then she may succeed in getting the custody of her children. The uncertainty attached and incidental to a legal proceeding shall not dissuade a person form moving to court to preserve and foster his legal rights. The great bulwarks of law have been laid down in cases which were initially regarded as indefensible.
since husband is earning rs 1.3lakhs per moth she should press for custody of children as well as maintenance . she can easily get rs 30,000 per moth as maintenance for the children . husband who has thrown his wife out 4 to 5 times cannot be relied upon . she should obtain divorce from such a sadist . she can get decent amount as alimony too . i do hope in your petition you have mentioned the 4-5 instances wherein husband had thrown out his wife from the house .
Thank you all for help. As of now we have filed a case for maintenance only and it seems under pressure from judge during re-conciliation advisement my sister agreed to 10 day stay. The question I have is that if in the next meeting she says no (firmly) to any further stay with her husband will this have any effect on custody of children presently or in the future when we actually file the case for custody
Asked 10 years ago
no it does not have to do anything with custody of child,but still advise you to consult your advocate on this as he is better aware of the proceedings in court
it wont have any effect on custody of children . you cant be forced to stay with man who as per his whims and fancies keeps his wife and has no qualms from throwing his wife on the streets .
Her refusal to stay with her husband shall not deprive her of the right to file for custody of her children. No wife can be forced to stay with a husband who has subjected her to mental torture and thrown her out of the house.