Child custody and divorce
Guest
(Querist) 10 October 2012
This query is : Resolved
My marriage took place with Sravanthi D/o late Sri. K. Adinarayana and Smt. K Padmavathi at Nandyal according to Hindu Shastric, My wife parents are belongs to Tirupathi, her mother is Employee of Karnataka choultry at Tirumala, it is an arranged marriage by the elders of the both sides.
We blessed with baby boy on 6th September 2011, we conceived second baby in April and went to general checkup in first of June 2012, in general test doctor has confirmed my wife infected with HIV and doctor suggested to do HIV tests to me and my son, thank god we are not infected.
I haven’t believe the report and went to second opinion and third and fourth as well on advance HIV tests with (Vimta, Ranbaxy, Religare laboratories), finally Head of the department at NIMS, HIV division, after few tests they confirmed it’s in advance stage to my wife, and suggested to meet Doctor Professor Medicine as per doctors advise immediately we terminated and started medicine to control the HIV virus in her body.
In above process doctors where wondered and shared few doubts due to immunity system where it’s got damaged lot. and I have started searching and enquired about her father’s death, got to knew he died with AIDS and her mother also have AIDS and she is taking medicines from several years.
When they approached to us about marriage proposal they intimated he died with heavy drinking habit and slightly infected with TB in last stage. When I expressed same to my wife on 6th June 2012 she confirmed she knew it long back and she has given warn if I will share this information to my parents and other relatives she will suicide. After thinking about my kid future I haven’t shared with my family and relatives including friends.
I have requested her mother and elder brother to come Hyderabad and have meeting at their relative’s house, my wife’s mother and her sisters and their husbands but they reacted aggressively and said, they don’t know about this before marriage and do what I want, I lose my kind wits and expressed same. They never care about my family and kid life. I have expressed same to other members. Finally they agreed and had a meeting on 11th June at Mr. Pardha Saradhi’s house her mother confirmed same and I found death certificate and medical reports are confirmed he died with AIDS and her mother started diagnosing every year after her husband death. She has started using medicine before our marriage. after all I have to look my kid and controlled my angriness and back to home, after the meeting I requested my wife to stay with me.,. Before reaching to home my wife again given strong warning that if I will share this information to my family she is going to suicide. (Since 10 days my dad and mom where staying with us and caring their grandson were my wife is hospital due to termination). After that also she has given several warnings if share with anyone she is going to suicide. I haven’t shared anything and went to counseling.
After that none of the above people are not contacted me i thought it may be the incidents hurts lot. In mid July 2012 I got to knew they are in regular touch with my wife and the interesting things is they all knew the issue before marriage and they hided wontedly. When I asked my wife she has deleted all numbers in her mobile and destroyed the SIM and made drama of suicide. I got scared and requested her brother to take her to their home few days and give a positive feel on life. Her brother and mother came on 22nd July 2012, that time her mother has expressed different thought’s like deposit some money on her daughter name, divorce and leave the kid with them, I have refused, after next week 29th July 2012 she went to Tirupathi, before going to thirupathi I have expressed my dissatisfaction on the above incidents and requested for divorce she said ok but divorce has to happened mutual understand and not share the truth. On 2nd August I got call from her saying that she is not going to give the divorce. I said ok and requested to come Hyderabad because my kid is more affectionate with me. she came on 8th August.
From that day onwards she started behaving in different way, using vulgar words, not preparing food and expressing different ideas, on 15th August I was on off. She started abusing me, in the evening I called my father said above things, from that time she become rude and wants to go thirupathi, I have refused and requested her relatives to take their home and I went out to bring food, when I am back I came to know my wife has left home with kid, entire jewelry and cash and went to their parents, in the middle of the night I got a call from her brother and other relatives and they warned to kill me and my family and abused very badly, I requested them to come to Hyderabad and we will have meeting and decide what is the next steps. In the mean while I have tried to interact with their elders as mentioned above, but they are very rude and given warning like they will file the case on my family, I have tried to n number of time to reach my wife and their parents but it went to vain, today morning I got the call from my wife and she confirmed she and kid reached safely to their parents and expressing she is going to file the case against different issues, but I am not in position to take any further steps due to my kid where he is not in safe hands. after lots of request they came on 28th Sep with their relatives and friends to my home had big fight finally my wife got my my mobile call list and saying i have relationship with my friend and we both are injected HIV to her. and she is calling to all numbers in the call list and saying things, she put wrong massages in my social networks and absuing badly. i mentally pissed of i don't know what to do.
Devajyoti Barman
(Expert) 10 October 2012
Do not waste time anymore. First file as suit for divorce on the ground as stated above.
Getting physical with a person knwoingly that he/she is is HIV infected is a criminal offence. Bring this to the notice of the Police.
File a suit for custody of the child. It would be granted in your favour.
Guest
(Querist) 10 October 2012
Can any one explain me in detailed.
ajay sethi
(Expert) 10 October 2012
your wife had HIV before marriage . you have her medical reports . this information was surpressed by your wife .
file for divorce immediatedly .you will be granted divorce as she is suffering from illness which ought to have been disclosed . in addttion you can claim child custody .
Guest
(Querist) 10 October 2012
don't have any proofs that show she have HIV before marriage. however at the time of first pregnece in general check ups they haven't found. but doctors told me in HIV incubation it will come Negative unless we went to PCR test ( which will show accurate result in Window and incubation period also).
they are troubling my close friend (whom they are suspecting relation with me). they have my mobile call list as proof that i have called her regularly. and they found her address and creating issues. One of their relative warned me if i file the case they will file case against 498.
my life anyway in dangerous i don't want involve some one and create problem for them.
please suggest.
Devajyoti Barman
(Expert) 10 October 2012
Nw you are making new story.
First you told that you have proof of prior disease. Now you are telling that you have got no proof and moreover you have relation with another lady.
Reveal all the information and then seek advice.
Guest
(Querist) 10 October 2012
Please read my first massage, i never mention the my wife have HIV before marriage, Her Father and Mother having HIV before marriage.Doctor are assuming my wife may be in incubation period. i never have any relation with other girl,now they are blaming me and trying to file the case on the issue.
ajay sethi
(Expert) 10 October 2012
if your wife files a case you have to defend it . you need to consult a local lawyer . then decide on your course of action .
dont hide any facts from your lawyer or you will be in deep soup
Guest
(Querist) 11 October 2012
sure, thank you so much for your kind help.
Guest
(Querist) 02 November 2012
if my wife file the case for maintenance do i need to pay ?, what is the base amount ?
- She is graduated,
- i haven't taken dowry, except one gold chain which is gifted by their family members. my mom gifted 3 lacs worth Jewelery to my wife.
- marriage expenses borne by us.
Guest
(Querist) 28 December 2012
After three notice's in different way. Finally they came to court yesterday, at the morning their advocate came and suggested me to take back the compliant and stay with them else i have to pay huge maintenance. i requested him imagine your son in my place and tell me the opinion, he get angry and intimated do not give kid to my hands.
we both presented at honorable judge and he has given one month time to them to file the counter.
but my worry is what about the KID's health, he is so weak, if such type of cases will run long period, in that period is any damage will happen who is the responsible, after that there is no justice required.
they cheated me with HIV, i lost my life - but i have no option to do anything with them
they took cash and jewelry - but i have no option to do anything ( police's taken complaint and enquired happen but suddenly every thing got change. created wrong FIR with out proper names and tried to take signature of me on case closing paper, (i haven't they got very angry) now they are not responding.
i have filed the case for KID - after four months and three notices they came and take another month time.
Forcefully i resigned job due to their calls to office. they created nonsense.
why can't court think in humanity grounds. i feel this is also one reason's to increasing crime's. the real genuine person will struggle and they become ruthless, indirectly our law supporting crime people. after all mistake still they are playing with me and my family. i don't understand why people giving importance to money rather than humans.
can't we process quickly and put kid in safe hands, please suggest me, frankly speaking i am not able to do anything. it's really painful.
