Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Handicap husband

Page no : 2

Kumar Doab (FIN)     08 April 2016

Distt. Legal Authority (fro free legal aid) can be found thru internet and approached in person also.

Its ofice is usually in Court/Distt.Admn Block.

 

You may also contact LCI Expert Mr. Shonee Kapoor who runs an NGO as well.

Log onto his profile and discuss.

Neil   08 April 2016

I am on wheel chair since almost 6 months, the disorder when it got detected was in a Mild stage, but now it is under severe stage (I have a certified copy of the Govt. Hospital to prove the same). it all happened because of my wife and her in laws they kept on asking for money from me, for securing their daugther's life ( I have all the recordings and chat history to prove this), Some of her relative is very powerful in the area where they stay. He told me that we will make life hell if you don't pay XXXXXXX amount (I have recording to prove this as well). 

So the above reasons are for this messy life which I created some 3 years ago. thats why its better to stay in jail do my time and hope so I will come out alive.

So please advise what should I do now, this forum is great for the persons like me who cannot move out of the house to post their greviances.

Thanks in advance.

N,

Kumar Doab (FIN)     08 April 2016

You can give POAto your near and dear ones and lawyer to appear on your behalf.

You can produce docs of sickness in court and other proofs that you claim to have.

The megistrate shall sentence anyone or you to jail if there is an offence demanding setnece to jail otherwise ;NO.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     08 April 2016

Filing RCR at this stage is of no use and it will further aggravate UR problems. Can U elaborate the reasons why she filed DV against a handicapped husband?

(Guest)

Medically goal is to delay detoration of such disease , Iti is not psychological . Various diseases make person emotionally unstable and hence such disease may have troubled you lot .

 

 

Neil   08 April 2016

 

Originally posted by : SAINATH DEVALLA
Filing RCR at this stage is of no use and it will further aggravate UR problems.
Can U elaborate the reasons why she filed DV against a handicapped husband?

 

Thanks for the reply.

her mother is very greedy for money, as she is in mouth deep by the creditors, they had demanded maintence, rent, and one time amount in lacs in a DV case. 

Neil   08 April 2016

Originally posted by : Madhu
Medically goal is to delay detoration of such disease , Iti is not psychological . Various diseases make person emotionally unstable and hence such disease may have troubled you lot .

 

 

Yes, you are right, we can delay this kind of disorder, but they are bbound to take you over if such a thing happens to you more quickly then we had anticipated.

Thanks,

N.


(Guest)

Dear friend, I have received your reply on the points raised by me earlier. After perusal of the case with respects to legal laws as well as socio-economic  relations and I am arrived at the following.

1.You have lost your earnings due to physical incapacity and pehaps your wife is not maintaining usual devotion and affection in the married life due to handicapping.You have also replied that she was dong job before marriage and current status is not knowing by you.

2.Your age and her age is under young period, pehaps she wants second marriage with a person of her own choice hence pleaded DV in the court of law. 

   Court can give legal judgements but can not provide the torrent of love & affections required in the life. First of all please try to remove all the misunderstandings from her mind through a meeting with near relatives & friends and try to solve the problem. Obtaining RCR by force or by law is not a final  remedy of the problem.  Thanks

Neil   08 April 2016

Originally posted by : Rashid Shah Nazir Shah
Dear friend, I have received your reply on the points raised by me earlier. After perusal of the case with respects to legal laws as well as socio-economic  relations and I am arrived at the following.

1.You have lost your earnings due to physical incapacity and pehaps your wife is not maintaining usual devotion and affection in the married life due to handicapping.You have also replied that she was dong job before marriage and current status is not knowing by you.

2.Your age and her age is under young period, pehaps she wants second marriage with a person of her own choice hence pleaded DV in the court of law. 

   Court can give legal judgements but can not provide the torrent of love & affections required in the life. First of all please try to remove all the misunderstandings from her mind through a meeting with near relatives & friends and try to solve the problem. Obtaining RCR by force or by law is not a final  remedy of the problem.  Thanks

Thanks for the reply, 

She has made very false acquistions in her case, she had demanded some unrelastic amout for maintenence, rent, and some lumpsum amount for settlement which offcourse I cannot afford given the circumstances of today. Sir please if you can tell me, what should be done now, if not RCR.

Please. 

Thanks in advance,

N.

Born Fighter (xxx)     08 April 2016

Neil,

Believing your story is true, its ur fate to have got married to such a lady and its sad to know about ur medical condition. Its easy for me to advise you but this is what i could suggest to you.

  1. Pls stop blaming your wife for your medical condition, there are many in this forum including me who have (along with family members) been victims and suffered mentally, financially and few of them even physically. Pls accept its your FATE and u have to help urself and come out of this situation.
  2. After reading ur post it appears the court hearings are yet to begin in DV case. While its sad to learn about ur condition , its also an advantage for you that the courts will (assuming atleast in ur case the case will be decided on Merits and Humanity will be put above women-laws) duly consider ur medical condition from reports (from Govt hospital authority) in passing any maintenance related judgements. In the court just maintain a simple stand " Im sorry n not in a state to pay her a single penny, if im forced to pay any money i will either have to sell my organs or GO TO JAIL"
  3. Get all details about Wife's educational Qualifications, Past & Current employment, bank account numbers and make application to the court at earliest to bring this fact on record and ask court to call for her documents or admission on all of this on Oath. The aim is to reject her claims for maintenance as she is ABLE BODIED (in comparision to you at this juncture), has worked earlier (u have said she was working one year back which works in ur favour). Tell court that as per maintenace law under hindu marriage act she should be paying you maintenance as ur not able bodied but u have ur self respect & would not take any penny from such a selfish and heartless person.
  4. Since ur not working ur bank account will have no credits on salary accounts  (submit that to the court on day ONE, submit all expenditure statements on ur medical treatment, loans or borrowings from ur parents/friends for treatment and declare ur unemployed /bankrupt along with ur medical certificates.
  5. U have to be strong, calm and composed. (easy for me to say though). If what u have said is TRUE the courts will put ur case for mediation/ draw adverse inferences on ur wife and put some sense in her.

In worst to worst scenario (considering merits) the courts will order for minimum maintenance based on city standards which could range between 2-5KPM. 5K will be in case of metro cities. (My views are based on assumption that ur medical condition as described is true and supported aptly by reports)

 

So far as alimony is concerned, Ur wife will ask for the MOON , and cry foul .....let her do all the tamasha.......just tell her sorry cant help !

Do the above and sit back......... pls attend hearings , let the judge see you in wheelchair.................im sorry but the courts might in ur absense assume ur faking ur medical condition and pass adverse orders.

All the Best !

 

Kumar Doab (FIN)     08 April 2016

The legal authority provides free legal aid and lawyers have the judgments vide which maintainance, etc was denied and even awarding maitainance to husband.

You are net savvy and may browse on Google.

Mr. Shonee Kapoor has a helpline and NGO for hapless and harassed husbands and can guide you..........You may consult him on phone/by PM/email etc.................. 

Neil   09 April 2016

Originally posted by : Born Fighter
Neil,

Believing your story is true, its ur fate to have got married to such a lady and its sad to know about ur medical condition. Its easy for me to advise you but this is what i could suggest to you.


Pls stop blaming your wife for your medical condition, there are many in this forum including me who have (along with family members) been victims and suffered mentally, financially and few of them even physically. Pls accept its your FATE and u have to help urself and come out of this situation.
After reading ur post it appears the court hearings are yet to begin in DV case. While its sad to learn about ur condition , its also an advantage for you that the courts will (assuming atleast in ur case the case will be decided on Merits and Humanity will be put above women-laws) duly consider ur medical condition from reports (from Govt hospital authority) in passing any maintenance related judgements. In the court just maintain a simple stand " Im sorry n not in a state to pay her a single penny, if im forced to pay any money i will either have to sell my organs or GO TO JAIL"
Get all details about Wife's educational Qualifications, Past & Current employment, bank account numbers and make application to the court at earliest to bring this fact on record and ask court to call for her documents or admission on all of this on Oath. The aim is to reject her claims for maintenance as she is ABLE BODIED (in comparision to you at this juncture), has worked earlier (u have said she was working one year back which works in ur favour). Tell court that as per maintenace law under hindu marriage act she should be paying you maintenance as ur not able bodied but u have ur self respect & would not take any penny from such a selfish and heartless person.
Since ur not working ur bank account will have no credits on salary accounts  (submit that to the court on day ONE, submit all expenditure statements on ur medical treatment, loans or borrowings from ur parents/friends for treatment and declare ur unemployed /bankrupt along with ur medical certificates.
U have to be strong, calm and composed. (easy for me to say though). If what u have said is TRUE the courts will put ur case for mediation/ draw adverse inferences on ur wife and put some sense in her.


In worst to worst scenario (considering merits) the courts will order for minimum maintenance based on city standards which could range between 2-5KPM. 5K will be in case of metro cities. (My views are based on assumption that ur medical condition as described is true and supported aptly by reports)

 

So far as alimony is concerned, Ur wife will ask for the MOON , and cry foul .....let her do all the tamasha.......just tell her sorry cant help !

Do the above and sit back......... pls attend hearings , let the judge see you in wheelchair.................im sorry but the courts might in ur absense assume ur faking ur medical condition and pass adverse orders.

All the Best !

 

Thanks for the detailed view and points, 

I had never blamed my wife for this, infact when this disorder got detected I told out aloud that if it was diagonsed a bit earlier(before marriage) then I would not have got married, to anyone.

She came in contact with her mother and this all started.

about attending the hearings, I cannot go out of my house without help, I was thinking to give POA to someone (not decided), to attend the hearings on my behalf.

Please advise if I am thinking in the right direction.

Thanks in advance,

N.

Neil   10 April 2016

Giving POA to someone, will it help??

Request you too please let came know what should I do, how will I proceed with the DV case agnst me,

Please experts reply, 

Thanks in advance,

N.


(Guest)

@ Neil

First ----- Whatever stated in notice remeber they are not your wife creation , it is Lawyer creation may be under influence of some other third , fourth person. Even in suit if any thing writtemn whatever stated remeber it is not your wife who stated but some lawyer . So have soft corner for your wife. 

Second ---- Regarding future you talk with your wife in person and decide what should be done about future. Here talk as friend not as husband and wife. In life you are not alone even women become disable after marriage due to some Neurological disease or accident . 

Third --- What you studied , since you can type I wanted some help in typing and computer related work , Myself too learning some new things like Making Mobile APP , Law and in touch with person who was my school friend to do Software related thing or make APP , He has company  so you may join in learning new skills .

Starting life again is also spirit in itself. 

 

Kumar Doab (FIN)     11 April 2016

Many times its has been suggested that you may engage an able counsel/approach Distt. legal Authority etc.............and also that LCI Expert Mr Shonee Kapoor, can update .......

 

Mr.Shonee Kapoor has sent a message and has started ' NEW INITIATIVE IN MEN'S RIGHT......................Join Men�s Rights Focused Whatsapp Help Groups for help in Matrimonial Problems. Send a Whatsapp Message with �subscribe� to 9811850498'

 

 

You may check if you can benefit from it. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register