Spousal abuse is not something that is faced by females only. Generally, the presumption in society is that females are weaker than males and hence, in a relationship are more prone to violence. However, men in a relationship also face violence in one form or another. To seek advice in the case regarding child custody, the father who has suffered domestic violence from his wife, should first of all contact an experienced Child Custody Lawyer In Delhi, who can provide you with professional advice regarding the options which are available in your case. The following article deals with the same issue-
Statistics:
In a recent study, in the rural villages of Haryana, out of 1000 men from the age group 21-49 years, 52.4% of males experience faces violence. 51.5% of these males have faced violence in one form or another from their wives or intimate partners in their lifetime. Most common domestic violence against men is in the form of emotional or physical abuse.
Intimate Partner Violence can be faced by anyone, either a female or a male. Some of the common reasons for this violence could be, different family values, difference in the income earned, etc.
In India, males also face violence, however as mostly the cases related to abuse against the women are reported and the age old belief that the females are the weaker section of the society, a common consensus that the females face domestic violence has been established.
In other countries:
A study revealed that 1 in every 9 men in the US experience some sort of violence from their partner or wives. Also, 1 in every 7 men has been the victim of physical violence while in a relationship.
In the United Kingdom, 2 out of 5 men face domestic violence in some form. According to a survey in Britain, in the years 2004-05 and 2008-09, 40% of the victims of domestic violence were males.
In Australia, 1 in every 16 men have been the victim of domestic violence in physical or emotional form since the age of 15 years from their partners. Also from the period of 2012-13 to 2013-14, every month a man is killed as result of the violence faced from their current or previous partner.
These surveys show that the violence faced by men is not uncommon and males around the world face it in one form or another.
Child custody rights of a father: The matter of child custody rises at the time of judicial separation or divorce, Divorce Lawyer In Delhi of the couple. The child custody refers to the taking care of the child, its maintenance and to control the various decisions related to the betterment of the child below the age of 18 years by the custodial parent. Child custody gives the parent the right to provide the child with good education, financial security, providing him with proper emotional, physical and medical support, etc. The custody of the child, thus, involves long term decisions related to the child.
Nowadays, in most cases both parents are given equal rights while deciding for the legal custody of the child. Some of the factors which may affect the decision of the court are-
If the parent is mentally or physically not capable of taking care of the child.
What type of relationship does the child have with both parents,
Financial status of both parents
If the child is capable of making opinions, with whom does he wish to stay.
Rather than deciding over the intentions of the parent, the Court prioritizes the best interest of the child.
Cases where he father may be awarded with the custody of the Child-
If the mother willingly gives away the custody of the child.
If she is mentally unstable or of immoral character
If the child wishes to stay with his father
If father is in a better position to provide for the child as well as provide him with a stable and happy childhood
If the mother is convicted or at fault.
Thus, if the father has faced domestic violence in his relationship, then he should point it out during his divorce proceedings, as in the case of Mayadevi v Jagdish Prasad, the Supreme Court held that mental cruelty faced by any of the spouses could be grounds for divorce.
Thus, if you are actually facing any kind of violence in your relationship you should contact an experienced Domestic Violence Lawyer In Delhi, who could advice you regarding the issues of your case. While going for the divorce case you should seek advice from a divorce case lawyer who deals with such issues and guide you through various options available to you. Lead India provides a team of experienced advocates who have years long experience in cases related to issues such as divorce, domestic violence, child custody issues.
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