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A.N.VERMAS (lecturer )     23 June 2012

Wife deserted because the child suffered from blood cancer

RESPECTED SIR I AM WORKING WITH PUNJAB GOVT. SALARY 38000 P.M. WIFE ALSO PUNJAB GOVT.EMPLOYEE HAVING SALARY 31000 P.M. SHE LEFT ME ONE YEAR AGO BECAUSE MY SON IS SUFFERING FROM BLOOD CANCER (DEADLY CHRONIC DISEASE DECLARED BY PGI CHANDIGARH) AGE 6 YEARS. SHE SAID THAT SHE DOESNT WANT TO SPOIL HER WHOLE LIFE.WHEN SHE LEFT ME SHE WAS PREGNANT. SHE GAVE BIRTH TO A BOY. SHE DOES NOT WANT TO COME BACK. MY PARENTS ALSO EXILED ME FROM HOME. NOW I AM LIVING ON RENT WITH MY ILL SON. TRAETMENT IS OF 3.6 YEARS. I WANT DIVORCE NOW. AND TO WANT RESETTLE SO THAT I MAY FIND A PARTNER TO SAVE MY SON.

1.  CAN SHE CLAIM 50 % PROPERTY SHARE AND MAINTENECE?

2.  IS HER ACT CRUELITY? IS IT THE GROUND FOR DIVORCE AND WHAT ARE CHANCES?

3.  HOW MUCH TIME IT MAY TAKE?

4.  CAN I DEMAND COMPENSATION OR ALIMONY FOR THE MAINTENENCE OF MY ILL SON AS SHE IS EMPLOYED ?

5.  CAN I DEMAND THE CUSTODY OF THE SECEOND SON ALSO ?

6.  CAN BOTH THESE DEMANDS  BE INCLUDED IN THE SAME WRIT OF DIVORCE ALSO ?

7.  IS IT A NEGETIVE FACTOR THAT MY PARENTS ALSO EXILED ME FROM HOME ?

 I HAD IMPLORED(MINNUT) MY WIFE SO MANY TIMES FOR NOT LEAVING US BUT SHE DIDNT AGREE



Learning

 11 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 June 2012

She can neither claim your 50% property not can claim any maintainance from you for herself.

 If she does not want to live with you then, convince her for MCD which is comparatively quick and hassle free. Otherwise, you can file for divorce on the ground of mental cruelty, her acts does constitute cruelty on her part.

You cannot legally ask for any compensation or alimony for your ill son on the contrary she can ask for maintainance for the second son. So better settle with MCD and tell her considering the fact that you are bearing the expenditure for the treatement of your son, she should take the responsibility of the second son. 

If your second son is below 5 years of age, the court may not give you the custody but you will get visitation rights.

Adv Archana Deshmukh (Practicing Advocate)     23 June 2012

And yes, no body can tell how much time it will require to get the decree if you decide to file on the ground of cruelty ( also add the ground of desertion if she is living seperately since 2 years) and she decides to contest. Because there is the provision of appeal also.

If MCD is filed then 6 months.

A.N.VERMAS (lecturer )     23 June 2012

respected mam thanks

as she is employed herself can she demand the maintenence for the seceond son ?

can she make the case transfer from my seesion court to her session court ? (both in same state punjab)

as the hospital is near to my session court , because nobody knows when my son is to admitted ? is it may be the ground for not transferring the case to her residential palce?

Adv Archana Deshmukh (Practicing Advocate)     23 June 2012

@ A.N. VERMAS




as she is employed herself can she demand the maintenence for the seceond son ?

Legally she can… Law has cast the responsibility of maintaining children upon the man and that responsibility is ‘enforceable under law’. Your wife is working and should contribute to the maintainance of both the children is her ‘moral responsibility ’ which is ‘not enforceable under law’. So better, settle the matter amicably. Though she may not be doing anything for her first child  as a mother but at least make her understand that you are bearing his expenses, so you should not be saddled with additional expenditure of the second child and that she should continue bearing his expenses. Even if she does ask for maintainance then court will consider the entire situation and also the fact that she is working.


can she make the case transfer from my seesion court to her session court ? (both in same state punjab)

as the hospital is near to my session court , because nobody knows when my son is to admitted ? is it may be the ground for not transferring the case to her residential palce?

 

She can file for transfer but you fight it on the ground of hardship that will be caused to you because of your son’s treatment.


 

"

A.N.VERMAS (lecturer )     23 June 2012

THANKS VERY MUCH FOR REPLIES

HOW IS RATE OF MAINTENENCE FOR  CHILD FIXED ?

ONE MORE FACTOR THAT SHE HAS TRANSFERED HER JOB FROM MY PLACE TO HER NATIVE PALCE . IS IT MAY ALSO BE HELPFUL IN SEEKING DIVORCE ?

 HOW CAN SEPARATE SUIT BE FILED FOR THE CUSTODY OF SECEOND CHILD  WHEN THERE IS THE CONDITION OF 5 YEARS OF AGE OF THE CHILD?

A.N.VERMAS (lecturer )     23 June 2012

HOW A PERFECT LAWYER IS TO BE CHOOSEN WHO HAS THE NECESSARY EXPERINCE OF CONTESTED CASES ?

HOW SHOULD THE SETTLEMENT OF FEE BE  FIXED ? ONE TIME , INSTALMENTS OR HALF BEFORE HALF AFTER ?

IT IS DISTRICT SANGRUR COURTS,PUNJAB ?

 

N.K.Assumi (Advocate)     24 June 2012

I pray to GOD that such woman is not brought to this planet again.


(Guest)

no you wife cannot claim even 1% share in your property if it on your name only.

she can demand a little alimony in this case for her own on this formula = ( higher income - lower income ) *30% = ( 38k -31 ) *30% = 2.1 k paid to wife as she has lower income than you. 
you should seek maintenace for first child and give maintenance to second child, and believe me it will be deal of profit. actually profit is harsh word in you situation but it will not surely relieve burden from you.
you can seek maintenance for your ill child, in all things like basic expenses, health treamtment expenses and you should opt for them too, because you son has extremen disease and money will be spend. though you will have to pay maintenace for second son. but this will be a good deal for you. as maintenance recieved for ill child will be more then you pay for second child. so rhats how it become good deal.
child maintenance will be nearly 50/50 in your case.
custody of any child below 5 will be with mother only. and child decide at age of 5 with whom he want to live. other partner gets visiation rights.

and your wife is just acting smart, she simply don't want to spend her income on a ill child your both produced, but she cannot run from responsibility as she was equally responsible for conceiving the child.

A.N.VERMAS (lecturer )     24 June 2012

THANKS SIR ITS ABSOLUTELY RIGHT THAT SHE DOESNOT WANT TO SPOIL HER LIFE WITH THE ILL CHILD AND PARTICULARLY MONEY TOO. I REMAIN IN GREAT STRESS. DOCTORS TOLD THAT ANYTIME ANYTHING CAN HAPPEN TO UR CHILD.MOST OF MY DAYS,TIME AND LIFE IS SPENT IN HOSPITAL. BLOOD IS GIVEN TO HIM MANY TIMES.BUT I AM FIRM THAT I WILL SAVE THE LIFE OF MY CHILD. YOU CAN CLEARLY SEE  THE KALYUG. BUT IF GOD IS THERE THEN HE WILL SEE HER. 


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