Wife family cheated (they are suffering with aids) need child custody and divorce
Guest
(Querist) 29 December 2012
This query is : Resolved
After three notice's in different way. Finally they came to court yesterday, at the morning their advocate came and suggested me to take back the compliant and stay with them else i have to pay huge maintenance. i requested him imagine your son in my place and tell me the opinion, he get angry and intimated do not give kid to my hands.
we both presented at honorable judge and he has given one month time to them to file the counter.
but my worry is what about the KID's health, he is so weak, if such type of cases will run long period, in that period is any damage will happen who is the responsible, after that there is no justice required.
they cheated me with HIV, i lost my life - but i have no option to do anything with them
they took cash and jewelry - but i have no option to do anything ( police's taken complaint and enquired happen but suddenly every thing got change. created wrong FIR with out proper names and tried to take signature of me on case closing paper, (i haven't they got very angry) now they are not responding.
i have filed the case for KID - after four months and three notices they came and take another month time.
Forcefully i resigned job due to their calls to office. they created nonsense.
why can't court think in humanity grounds. i feel this is also one reason's to increasing crime's. the real genuine person will struggle and they become ruthless, indirectly our law supporting crime people. after all mistake still they are playing with me and my family. i don't understand why people giving importance to money rather than humans.
can't we process quickly and put kid in safe hands, please suggest me, frankly speaking i am not able to do anything. it's really painful.
Devajyoti Barman
(Expert) 29 December 2012
I regret the pace of the court takes it own speed which is often constrained by various formalities like principle of fair justice.
You have to keep patience.
If you show/prove merit in your favour then victory will be yours.
Guest
(Querist) 29 December 2012
thank you Devajyothi Sir, my most worry about kid health.
i am from former family, you knew how the situations at villages, my parents almost hospitalized for this incident.
is there any process that i can take KID as quick as possible.
Sir is habeas corpus will work for me. please share the petition format.
Devajyoti Barman
(Expert) 29 December 2012
Habeas corpus would be no help.
File custody suit under Guardians and Wards Act.
Guest
(Querist) 29 December 2012
i filed in September 2012, after three notices and 2 personnel summons they came on 27th Dec 2012 and took one more month time.if this type of extensions indicating risk factor of kid health. KID lost weight and so weak sir
my wife and his brother calling and given deal if i will pay their demanded amount they will handover kid, but i don't have that much now and same intimated them. but they are not agreed.
Devajyoti Barman
(Expert) 29 December 2012
Then wait for the order the court. You can highlight the court the urgency of the matter as the very health of the child is involved here.
prabhakar singh
(Expert) 29 December 2012
Emotionally and sentimentally you seem okay but not logically as you think that when some one comes in court with any complaint,court should grant relief at once without affording
any hearing to the other side while right to hearing is not only judicial setup but also birth right.When the court was granting time,you ought to have insisted to court to send him for medical check up and care,I surmise,court might have agreed while granting time for counter.
Raj Kumar Makkad
(Expert) 01 January 2013
You have no other option but to wait for the verdict of the court.
Guest
(Querist) 02 January 2013
Today we have divorce case, before attending the court my wife family and their advocate came and discussed about mutual understanding, their advocate give some random idea's like they will file the case on 498A, etc., however our advocate also given answers, finally they are agree to give child and divorce on three conditions.
1. If i will marry any other girl i have to return the child,
2. i have to pay huge amount as one time settlement amount.
3. they are not going to return any jewelry and cash which they have taken from home.
if i wont agree, their advocate saying clearly we won't win the case but we can prolong as much as possible, which is absolutely risk for child health. if you want KID pay as requested.
i am utterly confused not give any answer, they requested to have final meeting tomorrow.
i need to know what should i offer them, which is the better way to close this.
Guest
(Querist) 07 January 2013
Dear All,
we had meeting for mutual understanding, finally they altered their options,
- i have to pay onetime settlement for my wife.
- i have to deposit some amount on KID name ( where i am my wife will nominee )
- they will give the KID after 5 years.
please suggest me, i don't understand why their lawyer saying i have no rights to take the kid now. whatever it will be mother till certain age, is it true ?
Raj Kumar Makkad
(Expert) 07 January 2013
It is true that the custody of a kid is generally provided to the mother so theh opinion of the lawyer of your wife is accurate on this aspect and so far as your mutual settlement is concerned, if the same is made on practical terms then there is no harm to accept it otherwise you all shall waste a lot of time and energy in the courts for many years.
Guest
(Querist) 07 January 2013
Sir, i can agree with you. but here is different, mother suffering with AIDS. how court will give a child to Mother. it's absolutely risk factor.
ajay sethi
(Expert) 07 January 2013
well they are aggreiing to give custody of child to you if you dont remarry . you have to decide whether you want to remarry or not
V R SHROFF
(Expert) 07 January 2013
TAKE CUSTODY OF CHILD ON ANY CONDITION.
Later it can be reviewed.
Raj Kumar Makkad
(Expert) 07 January 2013
If the mother is suffering from the serious disease of AIDS then court shall definitely provide the custody of child to father irrespective of the obstructions on the side of mother as the welfare of the child is the paramount consideration for the court while deciding the matters of custody.
Guest
(Querist) 16 January 2013
Dear Sethi Sir, who will marry me, if they knew the story. till now i am in confuse how my wife got HIV, doctors are saying incubation will max 7 years,but in my case.
- my wife father died on 1998,
- we don't knew when her mother infected.
- after 13 year my wife is positive.
- my wife is not positive at the time of first pregnancy
after my wife positive doctors did HIV DNA test to us, we both ( kid and Me) negative, but my wife health is very serious condition.
I have read so many articles and met HIV organization there is no clear clue how my wife is Positive.
even i am also in confused mode about health. i just want to put the KID in safe hands.
Sir, after their cheating also i never changed because i love her so much.we went all test and she recovered very quick.
i don't understand why she left the home, why she is abusing me,why she has taken all cash & jewelery etc., after doctors counselling why she has taken KID, why she is not coming to home. when i requested for KID why they made drama at police station,
i have no clue about this.
Guest
(Querist) 17 January 2013
As suggested by VR Shroff Sir, if i take child custody, what will be their action.
however they are not giving KID my hands when the come to court also. their advocate also not permitting me.
if i take KID forcefully from them, what is their action, please let me know how i will be ready to defend them.
ajay sethi
(Expert) 17 January 2013
your wife is insecure . she feels that you will desert her . hence she took the pre emptive step of leaving your house with cash and jwellery .
may i suggest a course of action .
tell your wife that she can keep the kid if she wants . dont take your kid forcefully . itrt will boomerang on you .
tell your wife to come back as you love her a lot . that you will take her of her aas long as he lives .
your wife apprehends that she will lose the child also . reassure her . your wife is not responsible for her illness . you need to be sensitive and caring towards your wife
Guest
(Querist) 17 January 2013
Sir, she left the home 4 months back, i have tried so many times, even before filing the case i requested her and almost begged her to come back, after she and her brother warning i went to court, when they come to the court i came to knew they have recorded telephone conversations happened between us. ( they showed which i was aggressiveness while talking).
after that i got scare to call her. i went to her place and requested so many times, she and her brother warned if i wont leave the place they will file the case. in fact when my mother got heart stroke i have begged her to give the KID for one day to show my mother. but she never turned.
after their cheating also i have taken personnel loan and sold my bike for her treatment.
Recently i met one of their relative and he confirmed me that they wantedly hide the truth ( her father and mother Disease). in the next day her brother called and given warning to my brother-in-law if i will share this information he will take further steps.
when they came to police station, out side of the station every one will happy, once the CI called every one started crying immedeatly and saying i never taken care her, she is not happy with me, i use to beat her every day and i have injected HIV ti her, i have illegal connection with girl they requested to file the case on me. but luckily they haven't (they enquired at my office and House owners ) . after that CI and SI requested to give a child to me. but they said that will decide by court. once they came out the court again they all are very happy.
Sir, i am earning 30K, since my marriage my wife is house wife, we have two maids, she just need to be prepare food. rest every thing will done by maids. in the span of two years i have taken four loans, two for her nickles and bangles and one for her Mobile and another one for her brother liability ( her brother take some cash and i have signed as responsible). till now i am paying two EMI's.
recently she started i have illegal connection with other girl and i have given all cash and jewelery to her.
please suggest me what can i do.
ajay sethi
(Expert) 17 January 2013
fight case on merits in court . you must have engaged a lawyer . he will do the needful . as it is if your wife is sudffering from AIDS she wont live long .
Guest
(Querist) 17 January 2013
i have engaged lawyer, he always say that we will win the case, but he will clear my pockets as much as possible, somehow he is making me to take advance loan from office :-). i don't know when i am going to get the justice.
Sir, i told my wife instead of paying to advocates we will take better treatment for her and increase the life span. but she won't understand.
if one incident happens against women, all the media and people will react very quick. what about women's like my Wife, her mother and her step mother's and what about the men's who is suffering like me. there is no proper justice. but i have seen the corruption in courts are very high, every where every part of the court is corruption. it's really painful. they just eat money as much as possible and sell the justice directly.
Sir i understood one point if money or power there can make anything is possible, because we are in India.
ajay sethi
(Expert) 17 January 2013
since your wife is adamant you have no option but to fight case on merits
if you engage a lawyer you have to pay his fees .if you cant afford legal fees take legal aid from district legal aid centre
we have advised you to best of our ability . it is your call now
Raj Kumar Makkad
(Expert) 17 January 2013
Nothing to add more except to remind the querist just to confine on his case.
Guest
(Querist) 17 January 2013
Thank you sir, i think i got bit emotional while writing this. this pain has came with struggle, please excuse me.
evening i had call with my wife, she is not in a position to listen my words.
we have filed child custody under Guardian and wards act, have next hearing on 21st, me and my advocate try to explain the situation and request for child custody immediately.
if we won't get i am planning to take the KID and went to my village.
please suggest me if i need to take any precautions and file any other section to get the KID quickly.
Guest
(Querist) 28 January 2013
Today we have proceedings, unluckily advocates did not perform their duties due to Telangana issue.
in front of Honorable judge my wife said her mother got HIV from her husband and she got infection from me. i said to judge i have submitted all medical proofs of me and kid ( where we both are not infected ). then she said she has a doubt on Hospital where first delivery happens, i said if she would got infected through the hospital we both become positive long back. in general window period for HIV is 6 weeks. then she said i have forcefully injected the virus to her.
i have explained the risk of KID health associating with them, but Honorable judge said it's not communicable disease, then i said how my wife got infected if it's not communicable. he just laughed and given date of one month, when i expresses my dissatisfaction and risk of the KID being with them. he has not released, he said he need my reports i said i am ready to go any hospital. but he did turn up.
every day i am worrying about KID health, there is one fraction of second is enough to enter the virus. why can't these people understand and why they won't close such type of cases as quick as possible.
i came to knew they approached my friends and relatives in my village through the telephone and saying i have illegal affair, they are going for divorce, asking about our property details. they already ruined me and my family, they killed my Job, now they are doing this.
i am planning to approach media and explain my problem and request for justice. please advise and help me to get out of this problem.
Guest
(Querist) 04 February 2013
Can any one respond to my query please.
Guest
(Expert) 04 February 2013
Mr. Ram,
So far you have made 13 posts (original + supplementary queries) by stretching the thread too far and the experts have duly responded to your 10 posts with their full sincerity.
But your latest post, "can any one respond to my query please" indicates as if none is responding to your query?
You have stretched the thread too far by adding story after story each time. Do you think that the experts have so much time to waste just for your unending queries by neglecting queries of other needy persons?
Do you also want to fight your case at this forum through these pages or in the court of law?
Better concentrate on your court case and take the help of your own lawyer for removing your never ending doubts. If you feel that your lawyer is not serving you properly and sincerely, better change the lawyer or hire services of additional local lawyer to supplement the services of liaison with your lawyer to help you to remove your doubts.
ajay sethi
(Expert) 04 February 2013
query is resolved . if you are not satisfied with replies engage a local lawyer . pay his fees fpr second opinion
