Mehul (pro) 27 April 2018

Divorce petition/child custody filled by husband?

Hi,

My sister married to this person in 2008, they had normal marriage life till there child was born in 2011. after the child was born it was diagnosed as Mentally ill. and hyper active. so its very difficult to live with it. his father just wanted him to be sent to mental hospital. and my sister was not agreed to it.
So from there a complete fight keep on started and his complete family(mother in law, father in law, husband) keep on saying one or the other word to my sister. so finally in 2016 she left his house and is staying with us now from then.

Now today that person has send a legal notice for divorce and asking custody for the child. (child whom the did not wanted and wanted him to send in mental hospital)

the worst part is they have added many false claims in it that my sister does not wants to live with his parents, and keep on saying about his low salary and some other non-sense stuffs saying child has became this because her delivery was done in his mothers house and they have not taken care of it.

Pleas advice how to proceed in this matter

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4 Replies

Siddharth Jain 27 April 2018

You'll have to hire a good advocate and should reply to the said legal notice denying the allegations. Your sister can also approach family cpurt for maintenance.
For any other queries feel free to contact me at isidjain1@gmail.com

(Guest)

If you dont want to waste time in court, dont hire advocate for this. If you want to divorce husband then simply agree to terms and conditions and finish matter. Warna you will be paying some advocate for your and your husbands sins for next 20 years as suggested by lady advocate above.

Kumar Doab (FIN) 27 April 2018

Some of the allegations mentioned by you are ground for divorce…if proved to the satisfaction of court..

If allegations are false, you may deny these..by fitting reply under proper acknowledgment.

If child is born out of wedlock and child is suffering from some mental illness then both parents should get the child treated, properly.. and care for child.

You have not specified what exactly is the mental illness.. The parents of children suffering from specified mental illness can avail government support..

Does your Gynecologist/Obstetrician confirm that there was something wrong with pregnancy delivery that lead to said mental illness?

Pregnancy delivery does happen many times at in –laws home but asking the wife to go to parents for Pregnancy delivery is not in good taste and may not be palatable in court cases and accusing the other spouse and family for sickness of new born is also good matrimonial conduct….

Kumar Doab (FIN) 27 April 2018

Apply your rapport, goodwill and take help of elders of the family/well wishers/shrude negotiators/ mediators etc on both sides and try to crease the differences and save the marriage without litigation( Best Recourse)…………….If court orders to rejoin that is also a recourse..

Or if all efforts fail prefer to end the troubled wedlock by MCD ( 2nd Best Recourse)

Or last recourse is contested divorce that involves prolonged litigation, stress and expenses… Any spouse should keep unshakable witnesses and irrefutable evidences if aim is separate without paying costs on valid grounds and merits.

Spend quality time with a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …

Inquire LOCALLY for such counsels…and you can indeed find such counsels..