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Yoonuse (a)     13 July 2010

VERY VERY URGENT Advocate Notice / Legal Notice

 

Dear Experts,

 

I have some family issue as follow : Kindly read and reply what action i have to take , guide me proper steps i have to take. Currently I’m staying in UAE.

I'm physically handicapped person. I get married on August 2008.At the time of marriage i have not demanded any dowry our gift from her parents or from him, I have give 80grams of gold as Mahar per Islamic law and get married. Now we have a kid age 1 year old.

The parents of the girl deliberately cheated me as follow

·          She was already married with another man they have suppressed this marriage to me. At the time of marriage registration also the girl has filled the application as Spinster & 1st marriage column has deliberately kept  blank.

·          And also disclosed with me that she is a B.Tech Graduate before the marriage & after the marriage they have advertised in the Local news paper on the day of marriage and along with her name B.Tech degree also incorporated. Also her father has given me the fake degree certificate to me after the marriage confirmation. But the true fact is she has not succeed WITH B.Tech degree still. on believing the word of her father and the document he have given to me I have  get married to her.

·          Now she is a mental patient . She was in regular treatment for her mental illness. After marriage on my limited visit she was seemed to be perfect, but recently I have faced lot of cruelty with me and child when she travel in uae and we are staying , on this time she behaved abnormally and disturbed us and flate mate and by the aid of city police in uae  we have admitted to the hospital and she became normal after 10 days. After that I have taken him back to india. I have all the reference of the treatment done in UAE, and also I have traced out the doctor in India where they are taking treatment hidden. I have the discharge summary of the treatment she has under gone in this hospital in UAE and the voice record of the doctor which I have spoken in India. Due to the medicine he have taken , she is not able to feed breast milk to my child.

After she went to India her father is threatening me and parents that they will launch a severe police complaint against me and my parents. In this situation I decided to divorce her and I need my child with my custody.

 

With respect to the above issue:

 

I have send a legal notice / Advocate Notice to my wife , wife’s father , for cruelty, fraud in marriage & cheating.

 

Now I want to know, currently I’m in abroad, is there any chance to impose travel ban for me by giving false complaint against me. if I go to India for the hearing , how frequent I have to travel. If I stay more than 20 days I fear that I will have issue in my company regarding my job. I’m a physically handicapped person how I can protect my job & parallel I have to clear this issue. Is there any rules that I can give power of attorney to my father or relative in India to handle this issue.

 

Please advise ASAP

 

Expecting your feedback as soon as possible.

 

Regards

Yoonuse

 



Learning

 7 Replies

Pranjal Srivastava (Lawyer)     13 July 2010

I have send a legal notice / Advocate Notice to my wife , wife’s father , for cruelty, fraud in marriage & cheating.

What was the subject of legal notice mention it very clearly

Pranjal Srivastava (Lawyer)     13 July 2010

what you asked from her or her father in your notice

Yoonuse (a)     13 July 2010

Compensate Properly and also handover the legal custody of the child to me with in 15 days of the notice otherwise proper criminal & civil legal action will be taken against wife & her father.

Yoonuse (a)     13 July 2010

Dear pranjal, Thanks for your quick reply... Following is the demand : Compensate Properly and also handover the legal custody of the child to me with in 15 days of the notice otherwise proper criminal & civil legal action will be taken against wife & her father.

Yoonuse (a)     13 July 2010

Any Experts ,

Please verify my issue and advise... Your prompt response highly appreciated....

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     14 July 2010

Facts in ur case are not clear to me. U can call me at 9871158578

ashish lal (Advocacy)     05 December 2010

Assuming that you are a Muslim.

If you want to give her talaq then you have can send the same through registered post

As far as custody of child is concerned:

As per Muslim Law, Husband is the natural guardian of the child

If the minor child is male, then Husband can have custody irrespective of child's age

if the child is female, then Wife has custody up till age of 18. 

But in India custody of child is largely guided by welfare of child. Court will see the welfare of child while deciding custody issue.


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