• Do i need my husband's consent to enter ?

It had been 2 months since i saw my parents & wanted to see them. my husband didn't let me go see them,

I had a fight with my husband & in-laws for beating, scolding my daughter(4 years old), after which i threatened my parents, my husband & in-laws with suicide to let me go back to parental house, My husband's & my parents agreed and let me go back to my parental house with an escort, now when i ask my husband to take me back he is asking for time & it has been a month now and he still wants more time. 

Can i enter my in-law's owned home without their consent?, 

my husband claims that all of this has been videotaped by CCTV, call recording, can he use this as a ground for divorce & child custody against me(4 year old daughter)?
Asked 1 year ago in Family Law
Religion: Hindu

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9 Answers

Welfare of child is paramount consideration 

 

2) court would not award husband se custody of daughter 

 

3) you are legally wedded wife .you can go and stay in your in laws house wherein your husband is residing 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7527 Consultations

5.0 on 5.0

The cctv footage can be considered as an evidence against you but that alone cannot decide the case. 

You can very well enter into your matrimonial home till such time you remain his legally wedded wife. 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

You are entitled to your jewellery 

 

you can go and stay on your in law residence 

 

if husband refuses to permit you call the police and seek assistance to enter into your matrimonial home 

 

you can file petition seeking sole custody of your daughter 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7527 Consultations

5.0 on 5.0

Dear Querist

Due to your I'll health the divorce can not be granted to her untill and unless he proved before the court that he is in extreme hardship conditions and there is a life danger to live with you. You may enter into your matrimonial home without their consent and you are entitled to get your belongings, jewellery and child custody too.

He will also have same right over the child as you have, so the court may grant joint custody to both of you however as the daughter is 4 years old nobody can snatched her from you as you are the guardian of the daughter till 7 years of age.

You may file domestic violence case against them before the concerned magistrate court under section 12 of domestic violance act with section 18,19,20,21&22 of the act for protection, residence order, maintenance, child custody and compensation.

 

Feel free to call 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You can get back your jewels however if it is proved that your unstable  mental condition can prove hazardous both physically and mentally to your infant child, the court may grant him custody.

Your interest on your child may be vitiated if it is proved that it can become a risk to give sole custody of the child to you.

However if you can prove that this mental ailment namely cluster B personality trait was developed at your in laws house due to their over tortures and intolerable abuses, you can get a relief in that regard.

There are many possible factors that contribute to the development of cluster B personality disorders, including genetics, environmental factors, childhood trauma, and brain structure.

The first-line treatment for cluster B personality disorders is psychotherapy.

So you can blame the environmental factors that prevailed in your matrimonial home which led to this traumatic situation and can inform court that you are perfectly alright now and also you have discontinued taking treatment/therapy owing to full recovery of the problem.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

You can contest the divorce case if he files. You can also file maintenance application for alimony 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear client,  

It is important to note that threatening suicide is not a healthy way to resolve disputes and can have serious consequences for everyone involved. It is recommended that you seek professional help to address any mental health concerns that you may have.

Regarding your question about entering your in-law's owned home without their consent, it is not advisable to do so as it may lead to legal consequences. You may want to consider discussing your concerns with your husband and in-laws in a calm and rational manner to find a resolution.

As for your husband using CCTV footage and call recordings against you in a divorce and child custody case, it may be possible depending on the laws of your jurisdiction. However, it is recommended that you consult with a local family law attorney for specific advice on this matter.

Regarding your psychological reports, it is important to note that mental health conditions do not automatically disqualify a parent from having custody of their child. However, it may be taken into consideration by the court when determining what is in the best interests of the child.

Regarding your belongings and daughter, it is advisable to consult with a local family law attorney to understand your legal options and rights. They can advise you on how to proceed with retrieving your belongings and establishing custody arrangements that are in the best interests of your daughter...

Anik Miu
Advocate, Bangalore
8851 Answers
110 Consultations

4.7 on 5.0

Approach Court 

Ravi Panwar
Advocate, New Delhi
116 Answers

Not rated

- As per law, your husband is under the obligation to provide a residence to you and to pay the maintenance 

- Hence, you can enter into your in-laws house i.e. matrimonial home without their consent

- Further , the said video recording is not a primary proof and it must be corroborated with secondary evidence , and hence you can deny the same.

- Further, being a mother , you have first right to custody of daughter and only on the ground of mental problems it cannot be denied . 

- Further, a person cannot be declared as unsound mind in the absence of a medical record by a specialized medical doctors team.

- Further, all the ornaments are stridhan of  wife, because section 27 of the Hindu Marriage Act, makes a female Hindu an absolute owner of Stridhan and gift received at the time of marriage. If her husband or any other member of his family who are in possession of such property, dishonestly misappropriate or refuse to return the same, they may be liable to punishment for the offence of criminal breach of trust under sections 405 and 406 IPC.

- Hence, if they refuse to return then you can file an FIR against them . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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