Marriage break down due to not having child (family law)
ChandanLawyersclub
(Querist) 15 September 2015
This query is : Resolved
Dear Experts,
Husband and wife are married from last 12 years no kids due to some medical issues of wife.
Wife has decided not to have kid/ not willing to adopt/ not willing to take any (ART)treatment, husband is very keen for kid. Husband has some hope during last 4-5 years wife will change the mind. Husband has tried through all family members, till date, he had some hope but now lost. Wife is not willing to take responsibility of child. Wife tells husband forget about child. If he want solution, go to court and contest case, which she will drag for minimum 10 years. By the time husband will be 51 his own biological fertility down. Due to big delay in justice husband is not willing to file contested divorce case. For MCD many times he has spoken to wife, she is not willing. Wife has got sufficient money and job, she can survive without maintenance, so will drag case years and years, she has no plans to remarry again. Husband and wife relation is not working due to husband wants child, wife do not want.
1. Can husband file a petition in court ( family or HC)to allow him adopt a child as single parent since husband is sufficient financial and family support to raise child?. Will court allow such petition and act on?
2. If husband goes for live in( not marriage) with a unmarried women and have child( 497,494 IPC should not be applicable), but wife can file divorce and grounds of civil adultery and 498A/ DV. Husband also wants divorce. I think no one from legal fraternity will suggest this, but if husband adopts this as last resort. How maintenance of wife will affect in such case if she files the divorce case latter on. Any bigger criminal IPC also can come in picture(other than 497,494 IPC) ?
3. Can Husband's married brother/ sister( all have 2kids), any brother& Sister In Law adopt a child for his brother ( husband), which husband will raise . Since all his nephews and nieces crossed 15 years, no small kid in family?
Pl. through some light on these points.
Regards
Chandra
Ramakrishnan.V
(Expert) 15 September 2015
It is stated that the wife is not willing to take (ART)treatment which means if the statement made is correct, where WHO recommends Standard antiretroviral therapy (ART) consists of the combination of at least three antiretroviral (ARV) drugs to maximally suppress the HIV virus and stop the progression of HIV disease. Thus if the wife if affect with HIV this itself is also a ground for divorce where court is the only place for solution.
R.K Nanda
(Expert) 15 September 2015
complicated case better consult local lawyer or go for click to talk option of LCI.
Rajendra K Goyal
(Expert) 15 September 2015
High court would decide the matter on merits, likely may not provide relief.
Live in not recommended for the purpose while having living wife.
general requirement for adoption are in brief:
Married couples or single adults can adopt;
Legally the man adopts with the consent of his wife;
A single man or woman can adopt;
If a biological child already exists in the family, a child of the opposite sex has to be adopted;
Children adopted under this Act get the same legal rights as a biological child might;
Children under the age of 15 years can be adopted;
A single man adopting a girl should be at least 21 years older than the child;
A single woman adopting a boy should be at least 21 years older than the child; and
Adoption under this act is irrevocable.
Rajendra K Goyal
(Expert) 15 September 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Marriage-break-down-due-to-not-having-child--560036.asp#.VfgdaHCqqko
ChandanLawyersclub
(Querist) 16 September 2015
Query is deleted from pervious post. Pl reply here.
