My sister’s huaband has given ultimatum that if we all want peace to prevail,my sister need to follow below rules: 1. she should take permission before taking kids anywhere 2. Kids cant visit Mamu/Nani who happens to live in same city every week 3. But he doesnt mind kids going on summer/winter vaccation to mamu/nani or anywhere if she doesnt follow above rules, then he is asking to take twin kids away from his house. Now there are 2 flats which was purchased by them after marriage and my sister is legal joint partner in both the flats and initially she used to pay EMIs as well for 4-5yrs. But during covid times - husband abused a lot to her and our family and so she stopped contributing money for these home loans.Every now and then he ask her to get out. Long story short - i would like to know below: 1. what should we do now? either she has to bow down to his demand or leave the house with kids. 2. how much problem he can create wrt twin kids custody? 3. if she is not paying EMIs from last 4 yrs - will she get equal right in those 2 flats. 4. My sister is working and can independently raise her kids. But can she demand alimony from husband? 5. We dont hv much family support to fight a legal battle and sister’s husband is rich and resourceful to put false implication so what can be best approach? 6. recorded calls will be permissible in court if case goes ugly?
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2) if relatives are in same city no harm in kids visiting them once a week
3) for sake of kids try to save the marriage
4) in event of divorce both would get joint custody of kids
5) she should ask husband one flat for the kids and release her share in second flat
6) she would not get any alimony
7) audio recordings are admissible in evidence
It is a family situation hence nobody should appreciate ego between them. Both can be flexible and adjust with each other otherwise this will create a permanent rift and separation between them.
If she is the joint owner of the flats then she can claim her share in them as a right.
2. If she is sent out of the house by force she can file a DV case seeking maintenance and residence. He may file child custody.
3. She can claim rights in the property if it is on the joint names.
4. She can demand maintenance for her children.
5. Law is common for all
6. No, they will not be considered as primary evidence.
1. It's not clear in your query as to whether the husband and wife are living together or not?.
2. Assuming that the husband and wife are living together, then the husband can't unilaterally impose conditions on movement of kids that too the kids are of 4 years.
3. Normally the custody of 4 years old children has to be with mother as per many rulings in such a situation. However the husband may press for joint custody of twin children.
4. Even if the wife not paying emi regularly still she is entitled for equal right in the jointly owned flat.
5. Wife can demand alimony from her husband even though she's employed provided she is not getting more salary than her husband.
6. The best method is to go for Mutual Consent Divorce, which saves time and money. Also the custody of children can be mutually resolved.
7. Yes, the recorded calls would be permissible if the situation demands for it.
1. Your sister alone can take the decision of breaking or remaining in marriage.
2.If she comes out of this marriage with the children the custardy will remain with her.
3. Yes
4. Yes for the children.
5. To fight in court one need not be super rich.
6. Yes but in limited circumstances.
1. It has to be decided by her whether she will compromise with his diktats or refuse to act as per his wish and thereafter face the consequences.
2. You have not mentioned the ages and genders of the kids. If their ages are below 5 years then their mother is their natural guardian.
3. She already has equal rights on those two flats. Her husband shall have to file a suit for getting a declaration from the Court that she is actually not the share holders since she did not pay the equal nos. of EMIs. In that case, she can argue that her husband has collected money from her every month for running the house stating that it is in lieu of the said EMIs.
4. If her gross income is less that 1/3rd of her husband's net earnings then she can claim the difference from her husband as alimony for herself. She can claim maintenance from her husband for maintaining her two children.
5. It will be prudent on your part to amicably settle the matter (if possible).
6. Yes, it will considered as evidence provided it is submitted following the rule.
Dear Querist,
My opinion on your queries are as under: -
1. If your sister wants to save this marriage than she should follow him subjected to her self-respect, if not possible that she should leave him along with her kids.
2. He cannot create any problem except to file a child custody case before the family court against your sister.
3. She will get her share as per the sale Deed if there is no clause related to payment made by whom and till when.
4. Yes, she can claim alimony from her husband. even she may file a maintenance case against her husband for the maintenance of the kids.
5. False cases will be demolished before the court, your sister may approach Legal Service Authority and get a counsel free of cost and fight the cases.
6. Yes, Call recordings are admissible in the court as it is electronic evidence.
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She needs to decide the same if she want something more and else then she has to legally fight against her husband in court otherwise agree to his demands there is no third option as settlement will be as per husband if he doesn’t bufge
Dear client
This is a difficult situation and your sister has some tough choices to make. Here's a breakdown to help navigate:
1. Ultimatum and Options: Her husband's demands are controlling and isolate her from family. She shouldn't have to choose between peace and her children seeing their grandparents. Here are some options:
2. Child Custody: It's hard to predict, but courts prioritize the children's well-being. Since they live together and he's a parent, getting full custody might be difficult for him. However, a contested custody battle can be stressful and expensive.
3. Property Rights: Since she's a joint owner and contributed financially, she has rights to both flats. Not paying recent EMIs might affect the final division, but a lawyer can advise on her specific situation.
4. Alimony: Depending on your location and her income, she might be eligible for spousal support, especially if there's a significant income disparity. A lawyer can advise on this.
5. Lack of Support and Resources: Many legal aid organizations can offer support and representation in family law cases. It's worth exploring these options. Here are some resources to find legal aid:
6. Recorded Calls: Admissibility of recordings depends on your location. It's best to consult a lawyer familiar with your state's laws to know if recordings are helpful evidence.
Additional Tips:
1. As per law, even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.
- The mother is the preferred custodial parent when the child is less than five years old. The opinion of a child who is over nine years old will be considered.
- Hence, he cannot forced your sister to follow his said conditions
- Further, as she is joint owner of the property , then she has equal right over the same even she is not paying the emi now , and her husband cannot take her share
- Hence, no need to bow down and leave the house , it cannot be considered as cruelty upon her by her husband.
2. Nothing ,
3. Yes
4. Yes
5. She can engage a lawyer to file the cases and to get justice
- She can file complaint under the provision of DV Act and can also lodge FIR against her husband
6. yes.
