Divorce transfer to other city against a handicap husband?


Divorce transfer to wife's city NAGPUR against a Handicap husband?

Points:

  1. Got married in India in 2009 in Sangli, India.
  2. Son born in 2010 in USA.
  3. The only thing we got from wife's side (before & after marriage) was them paying HALF of the marriage cost, and we paid the remaining half.
  4. Divorce filed, by husband, in July 2013, in Sangli/Husbands Place.

...

ABOUT WIFE:-

...

  1. Stubborn IIT'ian (IIT- New Delhi)
  2. Treat's everyone else as a MORON !!!!
  3. Class- I Officer at Nagpur Govt. Office.
  4. Earns Rs. 82,500 per month + (Lacks under the table)
  5. In USA She broke plates/utensils just to make her point. Physically assaulted, by scratching husbands face till the whole face was bleeding (filed police case in USA)
  6. She did NOT allow husband or his side of the family to see his son........etc.
  7. We haven't seen our son for last 4 years.
  8. Have her emails where she is comparing her husband to be worse than WAITER'S & CLEARK'S in India.
  9. She left her husband for her old boy-friend from IIT-New-Delhi. (But recently even he dumped her), that why she wants to save her marriage now !!! But, I am done with her !!!!
  10. IN SHORT :  Living Lady Hitler !!!!!

....

ABOUT HUSBAND : -

....

  1. Engineer by profession.
  2. Had an accident in USA before marriage.
  3. ARTIFICIAL graft attached to heart (Aneurysm).
  4. Titanium rod in the right leg.
  5. ----------------- PARTIAL HANDICAP ------------------------
  6. That's why lost job in USA, and currently UNEMPLOYED in India.

....


QUESTION : -

....

  • Q1) Is that law so biased in India towards women, that even after providing all the medical documents in the court, and husband being UNEMPLOYED & PARTIALLY HANDICAP, and more over, wife is working, still she will be pampered, by transferring the case to her city: Nagpur?
  •  
  • Q2) Is it that in Nagpur HC, it might take another 3-4 years for the final hearing for the transfer, as in, which city?
  •  
  • Q3) Say in worst case scenario, they transfer the case to her city NAGPUR after 3 years, then how long it will take for the District/Family court to make a final decision for divorce?
  •  
  • Q4) She is earning Rs. 1.5 lacks every months (salary + bribe), and just because we have a son (4.5 y.o.) out of our wed-lock, can she still move the file ahead for the Intreame Maintenance from her PARTIALLY HANDICAP & UNEMPLOYED husband? (I take tutions at home hardly make much to make 2 ends meet + my old mother helps me with the rest of the expenses)

 

Thanks in advance, Rahul (Sangli)

 

 
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CORRECTION:

She did NOT allow husband or his side of the family to see his son.......

 
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Practicing Advocate

Ask for interim maintainance from your wife u/s.24. You can also seek interim visitation rights to meet your child.

 
Reply   
 

Dear Adv. Archana,

.

Thanks you for your sweet note. Thanks a million.

.

But to be honest, after so much of mental harassment & torture, we have lost our desire to see our son. I even dont know how it looks. Me and my mom we cook once a month or buy sweets for a local orphanage, and with Gods grace, we feel that we have 100 kids/son's.

.

But my question is that can she really claim a maintenance from a UNEMPLOYED HANDICAP husband?

.

Thanks again, Rahul.

 
Reply   
 
Practicing Advocate

She can claim whatever she wants, you cannot stop anyone from having desires and putting them before the court. She will have to show your income and you will have to resist her claim properly by stating and proving your case. If any such application is indeed filed then, you should fight it on merit. As I earlier stated, it will be better if you also file an application for interim maintainance in the given circumstances. 

 
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