Asked on - Jul 03, 2024
Hi Dear Sir /Mam one of my close friend he is 32 years old now married 6 years ago in 2018. he is in govt job and wife is MA, they have a son 5 years old. After around six months of marriage ,the problems started in relation in family, my friend tells her to respect and she listens to her parents only and her parents tell her to come to parental house at every time when a bit of misunderstanding happens in his family,& she leaves this continues and she lived there for six months then my friends father went to her parents house and advise her that's it's not good way your house is in low's house now daughter. And then she understands and came back with his father then after sometime, she again started querreling and threatened his mom that she will sucide and closed the doors ,later nothing happens and next night while chatting with my friends she threatens him while he was on his duty , that she will eat all pills together and will sucide..my friends got feared , then nothing happens later his father took her to his hoke next day . Them again she lived ther for 6 months around then his father again went and have a talk in between some elders and made her understand..then she again said sorry and came back to in law's house... Then after some days my friend take her with him to his duty place to keep her with himself , so that things can better but after few weeks there also she started doing same things and not caring the child and not making food , and telling husband that ,now I willl tell take revenge how u left me for six months at my home like that she fights with him there. He make her understand that's nobody is here let's live peacefully but said I know your parents are daily filling your ears, why do u talk to them ? talk to me only and give me your ATM I will go for shopping.. now I will do what I want ,I can't make food ,take me to restaurant etc ..she speaks loudly in colony ,my friend request her to not do this she then do more and abuse him and his family.. like wise things gone worse she threatens that 8 can make your family ruin ,I will confiscate your brother in rape case , nothing u can't do my friend gets very scared .. one day my friend went for duty then she calls him and tell him that I am throwing this child (Son) from roof now and cut the call ,my friend started crying there ,after all of that my friend shown some courage and file police complaint Then any how she went to parental home from around 2 years back she is there and living there ,now my friend says he doesn't want to live with her because he suffers the bad time with her & suffered from Disrespectful behaviour etc but he wants his son from her but now she says she will live with him but make a seperate house and leave your parents .. Now what can be done in this situation now how my friend can get seperate from her and get his son back ?
Ans: Navigating such a challenging situation requires a thoughtful and measured approach. Here’s a step-by-step plan that might help your friend:
1. Legal Consultation
Seek Legal Advice: Your friend should consult a family law attorney who specializes in such cases. The lawyer can provide detailed information on the legal process for separation or divorce and help in understanding the custody laws.
Document Everything: Encourage your friend to keep a detailed record of all incidents, threats, and abusive behavior. This documentation can be crucial in court proceedings.
2. Mental Health and Safety
Assess Safety: Given the threats of suicide and harm to the child, it's important to prioritize safety. Your friend should consider reaching out to mental health professionals for guidance on how to handle these threats.
Support Systems: Suggest that your friend lean on trusted friends, family, or a support group for emotional support. This can help them manage stress and make more informed decisions.
3. Custody and Child Welfare
Child’s Best Interest: Courts generally prioritize the child's best interest in custody cases. Your friend should focus on demonstrating his ability to provide a stable and nurturing environment for his son.
Evidence of Care: Collect evidence that shows his active involvement in his son's life and his ability to care for him, such as school records, medical records, and testimonies from teachers or caregivers.
4. Mediation and Counseling
Consider Mediation: Sometimes, mediation can help both parties reach an agreement without going to court. A neutral mediator can facilitate discussions about custody and living arrangements.
Counseling: Professional counseling for both your friend and his wife might help in addressing underlying issues. Even if reconciliation is not possible, it can provide a more amicable path to separation.
5. Prepare for Separation
Financial Preparation: Your friend should ensure his finances are in order. Understanding his financial standing will help in negotiations and court proceedings.
Living Arrangements: If separation is imminent, he needs to plan where he will live and how he will maintain a stable environment for his son.
6. Legal Actions
File for Custody: If your friend decides to proceed with separation, he can file for custody of his son. The court will evaluate both parents' ability to provide a suitable environment.
Restraining Orders: If there are credible threats, a restraining order against his wife might be necessary to ensure safety.
7. Long-term Considerations
Parental Responsibilities: Emphasize the importance of both parents being involved in their child’s life, if it’s safe and feasible. Co-parenting arrangements can sometimes be worked out even in contentious situations.
Emotional Health: Ensure your friend takes care of his emotional well-being. This situation is highly stressful, and seeking professional help for his mental health is important.
In summary, your friend should act carefully and strategically, ensuring legal protection, emotional support, and prioritizing the well-being of his son. This approach will help him navigate the complexities of his situation more effectively.