Child custody and divroce
Guest
(Querist) 22 April 2013
This query is : Resolved
Dear Experts,
my wife family cheated with HIV including her. this cheating blowup after 2 years,
luckily me and my 16 months kid are not infected.
my child custody case also running in court last 9 months, they are not turning to court from last 8 hearings, their lawyer managing.
Not understanding why judge is taking such long time to give a result, my kid is in absolutely in risk. can you please let me know any quicker way.
my divorce case in court. my wife is not coming to court last 8 hearings, their lawyer is try to lag with stories.
how can i close this divorce case asap. because my parents wants to me remarry asap.
Adv Archana Deshmukh
(Expert) 22 April 2013
Talk to your lawyer who is actually handling the case and ask him to take objections to the adjournment applications filed by the other party and take necessary steps to push the case forward.
ajay sethi
(Expert) 22 April 2013
your lawyer shpould draw attention of court to fact that for las 8 dates your wife has remain absent and only dates taken by lawyer . request that issue of child custody be decided
Raj Kumar Makkad
(Expert) 23 April 2013
Your lawyer if insists to the court to move ahead as fast as required then only you can expect the desired relief.
Guest
(Querist) 23 April 2013
Dear All, please let me know is it possible to marry while the case in court, at my situation as they cheated with vulnerable disease.
practically speaking my KID is very little if i marry my wife and kid have bond together easily.
please suggest.
Devajyoti Barman
(Expert) 23 April 2013
Without divorce you can remarry only at the risk of getting criminally prosecuted for bigamy.
Guest
(Querist) 24 April 2013
thank you sir, but this will impact on my case also, they have cheated us badly. in their counter they written she is not interested for marriage at that time and agreed that their family have HIV.
today we have date, again they haven't came. but honorable judge given next date day after tomorrow.
they are changing their advocate frequently, in the span of nine months almost 5 times.
please advise.
Devajyoti Barman
(Expert) 25 April 2013
Ask the judge not give them time so frequently on the next date.
Guest
(Querist) 26 April 2013
as suggested did the same today, this time their advocate also not attended the case, unluckily our advocate also not came in time. i have requested pass over but judge not accepted for pass over. he gave date next month second week.
i have submitted all my medical proof from Govt Hospital, AIDS control board, Reputed Private Hospitals which all showing HIV negative, still Honorable judge is not understanding and simple extending with dates.
please suggest sir what would be the best for next steps.
ajay sethi
(Expert) 26 April 2013
what can judge do if your advocate does not come on time . if he had remained present he could have used opportunity to draw attention of court to repeated adjournments being taken by your wife advocate .
it may be that court was having many cases on board today and hence adjourned the case .
Guest
(Querist) 27 April 2013
might be you are right sir, Judge said he will close the case if they wont come next time. however earlier also he said same but they will come and take another date.
advise me the steps for next date.
ajay sethi
(Expert) 27 April 2013
so judge has taken note of the frequent absence of wife advocate . just see to it that your advocates attends court on time . your advocate can draw attention of the court to various adjournments taken by your wife advocate . court will then pass necessary orders
Raj Kumar Makkad
(Expert) 27 April 2013
You should believe upon the verdict of the judge. If he had not closed in past, he can definitely close it on next date if you remind him the last words.
Guest
(Querist) 30 April 2013
Sure Sir, we will do as suggest.
this time if he won't pass the order i won't leave the court. see the situation of the KID health. i am planning to approach Television Media. please advise.
V R SHROFF
(Expert) 30 April 2013
NO MORE LAST CHANCE, APPLY COURT TO EXPEDITE THE MATTER AND DECIDE THE CASE -NO DEFENSE.
Remember,,she can appeal against the Order,it may take longer time.
Guest
(Querist) 30 April 2013
Ok Sir,
FYI,She failed in all the ways.
filed 498A but police it's self denied to take it.
reached News Channel they also warned.
judge also listened their stories and finally he also came to know the truth (from that time they are not attending the court)
she created other allegations which also not stands in court.
still the myth is Her father died with HIV in 1998, her mother got infected in 2005 ( as per their information), she got infected in 2012, her brother got infected in 2011.
doctors are still wondering how the gap between person to person it wont take more than six month at any case.
