Sunday 15 May 2011

Divorce Tactics: Wives threatens husbands to win custody of children


Divorce Tactics: Wives threatens husbands to win custody of children
Decan Chronicle, 16 may 2011
It may be noted the news item appeared in the Deccan Chronicle Daily dated 16 May 2011 that  a majority of wives who wanted to part from their husbands using their children as their too, in the courts to get divorce from their husbands as well as to grt the custody of their children if any, the section of IPC 354.
This section deals with the physical abuse of a child (especially girl child) by the husband. Even if the husband wanted to part with his wife, he will have the right to get the custody of his child, of course, the wife too. If the wife did not have the financial support to grow up the child, there are the chances that the husband can be sanctioned the legal permission by a court to be the guardian of his child, till his child gets the age of 18/21. But in this scenario, with the advice of advocates, a wife claimes that the future of her child may be in danger as the child had been undergone the physical abuse by her husband.
Here, two aspects of the rights violations should be thought of.
One is the violation of the right of the husband who was targeted by the wife so that his rights to meet/ talk/ or to get the guardianship of the child. Here, husband loses his child.
Secondly, the child loses her father’s affection and love because of her mother. Her father would be always a sadist or some other in her attitude, which spoil the relation between them. And another fact is that the child is getting one type of ill feeling towards all the males that may lead to her life being spoiled by not getting married.
The courts needed to take a precaution in this regard about the misuse of the IPC 354 act.
For Rights Point Team

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