Rights of a disabled married woman
Stroke Caretaker
(Querist) 20 January 2015
This query is : Resolved
A woman, in her 30s post pregancy of her
first child got paralytic attack and has
been on bed/wheel chair since then (from
past 4 years precisely).
There has been no formal divorce procedure
till now. The husband has gone to US 3 yrs
back with the intention of continuing his
Job there but now is not willing to come
back and take care of her..I could like to
know what are her rights in this scenario.
1.Is there is a law by which husband can be
forced to come back from US and take care
of her in India.
2. The child is currently with Mother-in-
law and visits mother(paralysed woman) only
twice a month on weekends. Is it possible
to take formal visitation rights and in
future custody of the child.
3. About expenses, husband does provide
expenses monthly. Is there a way other
things like jewellery can be secured
legally(currently everything is with in
laws).
The husband and wife had jointly purchased
a property in US which is still not sold.
Is there a way husband can be forced to
sell the property and provide the share of
property transaction.
4. Also, are there any laws by which in-
laws can be forced/asked to take care of
the paralysed woman for sometime.
P. Venu
(Expert) 20 January 2015
The rights of the woman as wife and mother are enforceable. Her unfortunate disability is an added ground. She is entitled for maintenance and can even seek custody of the child, if she is in a position to take care.
ajay sethi
(Expert) 20 January 2015
1) husband cannot be forced to come back to india . if wife files DV case court will issue summons to husband to appear and file his reply
2) wife can apply for custody of child
3) wife can file 498A case for return of her streedhan
4) wife can file suit for partition for her share in property
malipeddi jaggarao
(Expert) 20 January 2015
1. There is no law to force the unwilling spouse to join with the other.
2. She can ask custody of the child as mother if she can maintain the child. One has to see whether such custody is beneficial to the child or not. The mother-in-law is allowing the child to meet the mother. What is the need for filing petition for visitation rights? She can request her mother-in-law to increase the number of visits.
3. What is the opinion of in-laws about the maintenance of their D-I-L? What is the opinion of this lady as to going for divorce. If she wants to patch-up she/her parents should make efforts in this direction. If they want to severe the marital tie, ask for return of streedhan and file divorce petition.
4. There are no such laws to force the in-laws. She can claim maintenance through court.
The author is silent as to the efforts made in reconciling matter with the husband and his parents.
Stroke Caretaker
(Querist) 20 January 2015
The problem is this woman (paralysed) has not been able to speak anything after stroke from past 4 years. Now psychologically, though many things/treatments have been tried for her recovery there has been very little progress. They had love marriage and hence the woman is still very attached to the husband. It could be that in the presence of husband , the recovery of the woman would be better.
In the current scenario, the paralysed woman is not staying with her child and neither husband so where is the motivation to recover.
Regarding In-laws, they don't want their son to continue with the paralysed woman.
They had actually spoken and even insulted both the paralyzed woman and her parents.
I also want to understand that when husband left for US he intended to return within a year. Now since he has not returned after 3 yrs, could there be a case of cheating aganist him.
How much maintenance the wife can claim?
There is a cap on the amount.
I am assuming that maintenance is the amount spent every month on the expenses incurred. What abt savings for future for this woman ? Her legal custody ?
This woman was working in US for a big IT company. Currently, the power of attorney of her US accounts as well as US house etc..everything is with the husband. What could be done to protect that.
Dr J C Vashista
(Expert) 21 January 2015
@Stroke Caretaker,
1. Despite the fact that you have been an anonymous author of the query and anonymous are not entertained on this platform, you have adequately been advised by the experts, I concur. Now it is you to decide and proceed.
2. There is no law to compel the husband to return and stay/work in India for the sake of your query.
3. She (the woman) can request her-in-laws to increase visitation to the child, however, since she is unable to speak, talk, move, care and/or play with the minor, what is the point vis-a-vis benefit/interest of the child, even if allowed?
4. Maintenance can be claimed and granted on the basis of living standard of the husband, if the husband or Court is convinced.
5. She can revoke the attorney.
6. Consult and engage a local lawyer for further query/questions on the subject.
7. How are you concerned with the woman and/or why are you so much interested??
Guest
(Expert) 21 January 2015
Well Advised by the Experts.The Author is Anonymous Though with a Name by him/Her Self.
T. Kalaiselvan, Advocate
(Expert) 22 January 2015
I concur with the view of all experts in this issue and specifically to that of experts Mr. Malipeddi Jagga Rao and Dr. Vashista. A clear picture has been given to the query, now it is the author to take steps to preserve and maintain the affected woman's rights and interests.
