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A.N.VERMAS (lecturer )     13 January 2013

Wife desereted because child suffers from blood cancer

my wife deserted me and my son 1 and 1/2 yeras ago because our only son got blood cancer by saying that she does not want to spoil her life. we both govt employed. now there is none to take care of my child except me. he is to be admitted in hospital many times. wife is not giving divorce also.she demands a lot of money,which i cant. to save my child i want some partner.       

1. is there any speedy provision of contested divorce ?

2. what are conditions to file under that speedy provision ?

3. will i succeed in getting divorce soon from a world's cruelest mother ?

4. can u suggest me an expert matrimonial lawyer in sangrur session court,punjab ?



Learning

 4 Replies

Have a Heart Foundation (Sales & Mktng)     13 January 2013

Dear Mr.Verma,

My heart goes out to your child.. God Bless him... 

Kindly be positive and focus on your child.. Since your wife has deserted you... you can file for Divorce on the grounds of desertion...  your case needs to be well drafted and represented. There are many Judgements whereby an earning and irresponsible wife is not entitled to maintenance cause of desertion.

Kindly also file for Child Custody under the Guardians and Wards Act  to get your self legal sole custody of the child. You can also claim maintenance for your child from your wife as it is the responsibility of both the earning parents to maintain the child.

Msk-need -nuetral- laws (self)     13 January 2013

Sir,

Please go to police station and inform that your wife left you on so and so date and get the proper acknowledgement. In this forum Tajobs had given information on how to do that. this is very important.

second wait for 2 years and on desertion ground file divorce, but if it is contested one, it takes more time, money and energy but no other go, somewhere ou need to start like everyone of us somewhere you need to be ready to face all false allegation of wife.

Tajobsindia (Senior Partner )     13 January 2013

  

Originally posted by : A.N.VERMAS

 

XXX

1. is there any speedy provision of contested divorce ?
2. what are conditions to file under that speedy provision ?
3. will i succeed in getting divorce soon from a world's cruelest mother ?
4. can u suggest me an expert matrimonial lawyer in sangrur session court,punjab ?

 


For your 1 -
Once Divorce suit filed under HMA there is a provision for speedy disposal and specific directions needed from District Judge Court or State's HC. The stage has not come yet and cannot be used the moment one files for divorce.

For your 2 - One has to show extreme circumstances and delay by concerned Court and need for speedy disposal.

For your 3 - The stage is not come. You have some peculiar homework to do before knowing if decree in divorce is going to come in your favour or not.

For your 4 - Now that you have specified location wait some ld. brother practicing in Sangrur District Court may contact you directly.

Opinion(s):

1.
It is a sorry case of extreme mental cruelties to a husband and total neglect by an unfit natural mother to even deny her visitation as case brief.

2.
Now that 1-1/2 yrs. have passed I suggest to invest another 6 months or so in creating right witnesses to come forward on this brief and creating evidences so that you can sail through and get decree in a divorce proceedings.

Why? Divorce can be granted in reference to brief on two grounds; Mental cruelties and Desertion. For showing to court mental cruelties which you mentioned in your brief I feel you donot have reasonable proof to prove the same on floor of court. For showing desertion as additional grounds for divorce minimum 2 years is condition.

How? First hire a seasoned Advocate via reference locally. Explain factual brief and now work on reasonable proofs. First thing take any close pair (husband and wife is what I mean) family friends known to both of you to your wife's place. Politely in their (mentioned common family friends) presences talk to her of her return to her matrimonial home. She is bound to express her un-willingness casting illness of child as ground. Return back and after few days send her Phonogram from an India Post Office (ask Post office to give you true copy of the text that you send) mentioning in phonogram same plea to your wife of her return back especially to jointly look after parties only child in his sickness. She will most probably not respond to the phonogram. After few weeks send her Rgd. AD letter stating the same facts of return back to matrimonial home on account of sharing responsibilities of only child to a couple and duties to a husband. Again she may not respond. The discussion matter face to face as well as text need to be very brief which local hired advocate can guide you an remember no allegations from your side should be expressed in either communications. These three are enough probable proofs of primary 'mental cruelties' to you and by the time you create these evidences with which now a Court listens and grants divorce another 6 months may lapse. Once 6 months lapses your additional ground created is also of intentional 'desertion' with which you will get divorce (contested).

Additional things that you need to do:- You need to invest in hiring a female governess (female nurse) which donot cost a bomb in small town like yours for a full day. Take this female nurse from home to hospital during blood transfusion and for day cares. Get official receipts of her day services for the minor patient. You also need to invite females in your extended family to pay on and off visits for care of sick child and their commuting proofs along with few care giving pics. with time/date stamp on developed prints as well as receipt of pic. developed from a studio have also to be created as supplementary proof of you a fit natural father for permanent custody and it is in your best interest to be granted custody of the child and indirectly showing to the Court the neglect and mental cruelties both father and minor child suffers.
 
When? Now you are ready to file for divorce on mental cruelties and desertion grounds using s. 13 (1) (ia) and (ib)
HMA with permanent custody granted to natural father u/s 26 HMA and total denial of even visitation to natural mother along with a Application under S. 24 HMA for directing mother for co-sharing child medical expenses being a working mother and child maintenance especially of such child as per mention in your facts.  


3.
You also have to be self prepared (read and make notes of last 50 messages in Criminal Law, Civil Law and Family law forums where discussions on related facts took place) for any backlash say criminal charges levied by wife on account of dowry or domestic violence and may also prepare for malicious arrest which once you file divorce she may act upon. There may be chance of departmental enquiry and or suspension on the cards if she acts as in above since you are a govt. servant. You know your facts well and I can only forecast how far “plain contested divorce’ travels.

4. If all above are not what you want then pray to God for Mutual Consent Divorce even if you are forced to pay some money as full and final alimony just to get a speedy divorce once for all from her. No doubt both are working but if for divorce under mutual consent she puts her foot on money payment then I donot see any harm in reference to context just for a reason it is fastest i.e. 6 months flat both are divorced via mutual consent route and you are free for opting second partner which you asked at the end of your brief so that sick child can be tendered to.

Discuss with local advocate, plan, modify any or all above opinion, adopt and act upon logically but meanwhile do take assistance of female to look after the child’s clinical needs as hinted in one of the above paras if you cannot do anything else.   

cm jain sir (ccc)     13 January 2013

BEST WISHES FOR U N THE LOVELY CHILD BROTHER......


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