Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rohit (software)     08 February 2012

Divorce from second marriage

Dear All, 

I need help from people from the forum in understanding my rights. 

History:

2001: I was married in 2001 and have a son from that marriage. I was legally divorced in 2005 on mutual grounds with the legal custody of my Son.

2006: I married a second time to a person who was also divorced and had a 8 year old daughter. Thinking that my family is complete and she and me were in the same boat we would have a happy family, But as it goes things are quite diffrent in reality. 

1. She constantly abuses my parents even though they do not live with us. The whey left one year after our marriage.

2. She has been forcing me to treat my son for ADHD by constantly bickering and fighting that he is hyperactive, we have been seeing doctors and have put him (8 years old) on medication.

3. She constantly abuses me and is causing me a lot of hypertension.

4. She used to be on anti depressant medication before the marriage and I helped her get off them. 

5. She wants my full attention on her and her daughter and post that her family. 

6. I came to know later that she had used 498A for the previous marriage of hers. She also had a big settelment amount. She has never told me of her assets and finances.

Now in the above situation she keeps fighting with me and bangs her head against the wall, hits herself and threatens me. 

I want to be free from this so i want to know the following

1. Can she file for 498 A. I have not taken even a rupee of dowry. 

2. How do i initiate the divorce as she will make a big scene and will cause a lot of problems for me like coming to my office and bad mouthing me. 

3. Can she instigate cases against my old parents who live in a diffrent city for the last 3+ years.

4. Can she fight for custody of my son who is not born from her.

 

Please help 



Learning

 6 Replies

Chaitanya_Lawyer_Mumbai (Lawyer)     08 February 2012

1.She can file 498a against you,her previous experience will help her.

2.You can file for divorce on cruelty grounds.

3.She may make your parents accused in 498a/DV.

4.she cannot fight for custody of your son not begotten from her.

Damayanti (Unemployed)     08 February 2012

Oh Goshhhh ...

 

 

tum mardo ki akal kaha gha khane chali jaati hai.

 

 

That 6-8 yr old little chap... you deprived him from the care of bilogical mother in such a tender age ... you were more focussed in defeating your first wife and to cuddle your own ego and thus there is a separation of mother and child.

 

I wonder how court agreed on child custody to you.

 

Now talking of big words as ADHD... In india all these things were taken care of in joint and big families and more the isolated and nuclear families more such new humbug of ADHDs

 

 

1. why would a woman tell you that she had filed 498a?

2. will she ever get married? 

3. And what's the guarranty that  your first wife wasn't made to reluctantly compromise for MCD although you were he real culprit.

 

 

 

Remarriage and happiness etc are myths in India with a very few exceptions.

 

 

Settle the matter amicably.

Tajobsindia (Senior Partner )     08 February 2012

Originally posted by :Damayanti
" tum mardo ki akal kaha gha khane chali jaati hai. "

 "tum metro aurato ki akal kaha char rahi hai aazkal kya fathers ko sirf ATM card aur sperm donor samhaj rakha  hai kya" 


- One father is equal to 100 teachers.

 

Stop press:

Israel Removes Biased Child Custody Law Against Fathers, Dads Address False Abuse Charges       
Written by Joel Leyden    
Saturday, 21 January 2012 17:30 

Jerusalem - January 20, 2012 For many divorced fathers in Israel, the declaration yesterday by Israel Justice Minister Yaakov Neeman that divorced parents must now share custody of children, may have come too late. Neeman has accepted recommendations by the Schnit Committee that joint parental custody be ordered in divorce cases involving young children, which the law defines as those up to age 6. Until now, most divorced fathers became visitors, being limited to seeing their children only a few hours a week.

As the new law comes into affect, thousands of dads in Israel would have lost any opportunity of fatherhood due to the fact that their children have already grown up or that their children suffer from PAS - Parental Alienation Syndrome. With PAS the children become alienated against the father as the mother has pushed him away and brainwashed the children that he is of no worth, or perhaps even bad for whatever reason she creates.

 

Eye openner for you:

Abusive mother: The system let me down       
Written by ONE News    

An Auckland mother, who subjected her daughter to horrific abuse, said she had reached breaking point and when she tried to seek help she was let down by the system.

The 31-year-old mother, who has name suppression to protect the identity of her children, was sentenced to seven and a half years in jail, with a minimum non-parole period of five years.

She and her partner were arrested in December 2010 after their daughter was found hiding in a wardrobe, starving, dehydrated and badly beaten.

A court heard how the girl was taken into Child, Youth and Family care when she was four-months-old because the mother admitted slapping her when she cried.

CYF placed the girl with a "whanau caregiver", who s*xually abused her.

When she was returned to her parents in December 2008 her mother said she could not cope with her behaviour, blaming the s*xual abuse.

"It's really unfortunate that the child came back with all these problems and issues that were just way beyond my help," the mother told RadioLive.

On one occasion the girl had tried to set fire to the house and had also put poison in the family's food.

The mother told the radio station that she wanted to tell her story because she wanted people to know the truth about what has happened and why it happened.

"For almost two years I had to constantly deal with crisis every day. I had to deal with, for instance, defecating all over the carpet, her s*xualised behaviour toward her siblings, fire lighting, the lying, the stealing."

Despite the problems CYF put the child back into her mother's care.

CYF admits today it could have done things differently and said it has learnt from the horrific case.

"Hindsight's a great thing, and when you look at the decision that was made at the time, probably now we would have done something differently," saud CYF head Bernadine MacKenze.

Attack not warranted

The mother said that her daughter's behaviour did not warrant her attacks.

"I shouldn't have done that and I'm sorry I done that, but as the behaviour got worse that's when I let her know, I let the council know I'm coming to breaking point and someone needs to intervene before I end up doing something I am going to regret."

"I don't think they really took me seriously at all."

The mother wrote to Prime Minister John Key asking for help after she said she had been failed by Child, Youth and Family. Key deferred her letter to Social Development Minister Paula Bennett.

Speaking this morning to TV ONE's Breakfast, Bennett accused the mother of being "incredibly devious and manipulative".

Asked whether the abuse amounted to a failure on the behalf of the agencies involved, Bennett agreed that it did.

But she qualified this, saying that in part the abuse was not identified by agencies was because of the mother's actions.

"One reason is because the mother was so incredibly devious and manipulative,' said Bennett.

"When there is so much deviousness and manipulation going on... the focus went on to the mother and her needs, and how she was coping, and how everything was for her, whereas in the meantime we had children who were growing up in a life of hell."

But the mother claims she could have been offered better assistance to deal with her issues.

"When I mentioned I had come to the end of may tether they could have put her in a centre or could have let me send her away to a relative so I could have got better.

"There could have been other help that people could have given me but nobody did."

"Not a monster"

The jailed woman said her daughter's behaviour towards her siblings reminded her of her own past.

"I went through the exact same thing she went through and I don't think that what I done justifies that at all - I mean I feel so sorry for her."

She said she was a bad mother for what she did to her daughter but she is not a bad mother to her children.

"I was just overprotective of my other children. I didn't like seeing her playing with her siblings like that - that's sick."

She said felt she was discriminated against and nobody knows the other side of the story.

"There is a lot more in this story that is not being told out there."

"No matter how much love and care I tried to give her and trying to make her feel special it just wasn't enough."
And the lawyer who defended her insists she is "not a monster".

"In my submission she was a timebomb waiting to explode and she was put into the care of her mother," defence lawyer Lorraine Smith said.

Outside court yesterday afternoon Smith said her client had been pushed over the edge.

"Is this woman a monster? No she is not a monster - she was failed," she said.

The accused father has pleaded guilty to two charges and his sentence has been adjourned until February 7.

Nightmares for child

The abused girl said she is so afraid her mother will get out of jail and hunt her down she has been having nightmares.

"I still have nightmares about what happened to me. In my dreams my mother and father are out of jail and trying to find me to hurt me some more," the girl said in a victim impact statement.

The court also heard a victim impact statement from the woman's 7-year-old son yesterday who said he was scared to leave the house and had difficulty walking after being beaten.

"Sometimes if my legs were bruised from being hit I wouldn't be able walk properly for two days," he said.

"If I screamed I'd get another beating and another until I stopped screaming. One time I had a bl**dy mouth from being hit and I had to spit it out as the blood was going down my throat."

When his nine-year-old sister was discovered she had multiple injuries including one of her toenails which had been pulled off and she had allegedly been beaten by weapons including a hammer, broomstick and machete.

Bennett demanded a review and report on the girl's care. She has described the case as one of the worst she had seen where the victim survived.

The girl's suffering was widely reported and 12 agencies, including general practitioners and Housing New Zealand, had contact with the family.
 

**Vikram** (Managing Partner)     08 February 2012

I now completely believe in the concept of moksha..or Liberation..freedom from the cycle of birth and death..

 

Some people never get mokhsa...they keep on taking birth after birth in different forms...and keep coming back..

 

If I consider LCI as the earth...there are certain members who keep coming back again and again...in different incarnations...eventhough they get delted or banned from..or they are self destructive (no wonder)..they commit suicide (delete themselves) ..from LCI...

 

Inki ruh to kabhi shanti nahin milegi...kabhi nahin...they will keep coming back...and they do not know that they are trapped in the cycle of birth and death...whether on earth or in LCI..

 

Anyways.........I hope you all get my point..

 

Vikram

rohit (software)     09 February 2012

Thanks for all the comments, 

my first wife absconded from home with her co-worker 4 years younger to her, and his family did not agree, they gave me the documented proof of the marriage, passport fraud etc etc comitted by her, so giving custody of my son to her was never even thought  of. 

 

Many thanks

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     12 February 2012

Best course always is amicable  setlement but normally it do not happen as these types of wife who r not ready to stay amicably will give trouble.

TX


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register