LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Another male victim of wife's harassment. seeking divorce

Page no : 3

Kumar Doab (FIN)     19 August 2017

Are you or your wife infertile? 

Vinay   19 August 2017

Thanks for your response. Both are s*xually fertile but since i have this divorce case running in the court, didnt know if I curled go for adoption or surrogacy. I don't plan to live with my wife, nor get married again. So wanted to take your opinion whats the procedure for a male going through a divorce in adopting a child. Is this legal?

Kumar Doab (FIN)     19 August 2017

The above mentioned links and sections are simple and easy to understand............

You can adopt with consent of your wife.

 

Vinay   19 August 2017

Thank you Kumar Sir...

Kumar Doab (FIN)     19 August 2017

You are welcome.

Kumar Doab (FIN)     19 August 2017

Hindu Adoption and Maintenance Act 1956

Section 10: The child must be less than 15 yrs of age. However, if a custom to the contrary exists,such an adoption may take place. 

 

Section 12 : an adopted child is deemed to be a natural child of his adopted parents for all purposes. All relations with the natural parents and family are severed and new relationships with the adopted parents are established. …………………………………the adopted child is not divested of his property that has vested in him before adoption and that an adopted child cannot divest anybody of his vested property after adoption. 

 

Section 13 : that subject to any ante-adoption agreement, the adoptive parents do not lose their right of alienation of their property after adoption. Section 15: a valid adoption cannot be canceled either by the adoptive father or mother. Neither can the adopted child renounce the adoptive parents and go back to the family of his birth. 

Kumar Doab (FIN)     19 August 2017

Custody of child can be another contentious issue.........when both spouses are willing to stay with each other and struglling to separate..............

If this matter also lands up in court of law, courts look for welfare of child and may even ask choice of child; Father or Mother...........

1 Like

Vinay   19 August 2017

My Ex too used to use nails over my neck just like your ex used to the way you described in your 4th point. I took those incidents very lightly with a positive mind that she will realise or become matured gradually but that was never happened and rather her behaviour against me worsened more. That's all together a different story. Now my query is whether that causing injury/piercing nails through neck is a serious issue to be worried as a warning signal or shall we take it lightly as it's a general phenomenon of all girls; I am confused and also scared so seeking your view out of your personal experience.

Brother, It depends on how you see this behaviour from your wife. For me, it was a shocker because my wife has a habit of threatning that she will commit suicide if I do not listen to her. In the intial days post marriage when she said such a statement, I took it very lightly thinking that she was joking to keep it lively between husband and wife (its the repurcussion of an arranged marriage wherein you do not know the person so well before and you are exploring the nature of your better half), so I used to do things as she said (because her demands were very childish and not that serious) but this trend started to increase and then one fine day I really got to feel the pinch of it when she locked her self and threatened to hang herself from the fan if I did not listen in taking her for a trip the next day... This was not fine by me and it also shocked me. Another incident she started to throw utensils or whatever she could grab by her hand in the middle of the night for another unreaslitic demand of hers. When I did not listen to her, She started pulling her hair and screaming, laughing and crying at the next second, hurting herself and then tried to open the door and run away in the middle of the night (God knows where she wanted to run). All these habits/behaviour are not fine with me.  I cannot imagine the plight of public humiliation in that middle of the night when all your neighbours start watching the film from their balconies or from their door steps. 

Sorry, I start explaining things which have happened with me. Coming to your question, It depends on the nature of why those injuries are being made. If they are silly and but yet you get hurt and if its a routine then I call that not fine. (Atleast, Im not ok with such behaviour) Hope this answers your question. This is my opinion. It may differ from person to person. Take care. 
 

Adv Radhika Mehta (Advocate)     21 August 2017

Originally posted by : sai narayana

Dear OP I can't add more than what our forum member Advocate Radhika ji already added. But I have one general query to you/all. My Ex too used to use nails over my neck just like your ex used to the way you described in your 4th point. I took those incidents very lightly with a positive mind that she will realise or become matured gradually but that was never happened and rather her behaviour against me worsened more. That's all together a different story. Now my query is whether that causing injury/piercing nails through neck is a serious issue to be worried as a warning signal or shall we take it lightly as it's a general phenomenon of all girls; I am confused and also scared so seeking your view out of your personal experience.

Violence in any marriage is not ok. If its playful thats a different thing but anything that causes grevious hurt cannot be catergorized as playful.  So everything depends upon the context. 

 

Adv Radhika Mehta (Advocate)     21 August 2017

Sorry Vinay not an expert on Guardianship so unfortunately cannot guide you on the same. But i believe Mr. Kumar Doab should have sufficiently answered your queries:) Although i do know that Adoption these days is not an easy task and even the new laws in surrogacy have made it difficult for a single parent. 

Kumar Doab (FIN)     21 August 2017

The basics and applicable enactments have been posted for you.

You can relate with your wishes and priorities....

 

You may also go thru pubications at CARA............

Vinay   21 August 2017

@Kumar Sir! Thanks for all the support and guidance. I shall go through CARA as well. 

@Radhika Mam! Thanks for your advise as well. Much appreciated. 

Kumar Doab (FIN)     22 August 2017

 A properly informed and supported person can prepare better and handle litigation better than a poorly informed and ill prepeared and unsupported person.

One should collect irrefutable evidence to support one's charges.

It is futile to dump oneself and one's matters in courts of law for years and waste hard earned monies..........

 

If OP and counsels of OP  are better prepared then they can succeed. 

Kumar Doab (FIN)     22 August 2017

You are welcome.

Vinay   26 August 2017

@Kumar Sir, @Radhika Mam,

I had a word with my advocate and he suggested for the property related matter I could send a Attornment notice to all the tenants and inform that my mother has passed away and all the rents should be given to my father. In that way this becomes also legalized. You may avoid doing the registeration of your Gift Deed/Relinquishment Deed. And also this would support my Divorce. Is this fine? Please advise me. 

Is it enough If I send this attornement notice to all the tenants in the building which is mom's self built property. Will this be enough and I should not opt for Gift Deed or Relinquishment Deed? Thanks for your time on this.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query