Need help on child custody and maintenance
Guest
(Querist) 14 October 2013
This query is : Resolved
Dear advocates, our wedding happened on May 2010 at my native place, it’s an arranged marriage, as I am working in hyd we stayed at HYD. We blessed with boy on Sep 2011, in May 2012 at the time of second pregnancy checkup doctors confirmed my wife has infected with HIV, after several tests we started treatment, Me and Kid are not infected, doctors terminated second pregnecy due to high HIV virus and started ART. In that process I came to know my wife father also died with HIV/AIDS and her mother suffering with HIV/AIDS from several years. I have expressed my angry on their relatives but they reacted badly and warned if I share with my family they will create bad impact on me and my family at village.
After this my wife has warned if I shared this she will commit suicide, keeping child life in view I haven’t told to anyone. After few months treatment she recovered. As requested her I have tried to arrange fund to open provisional store at our area. In that time I came to know she was talking with someone and hiding from me. In August in the middle of the night we had argument and she destroyed her mobile ans sim, very next day we had argument and abusing, I made call and explained to my family, then she become rude and started beating, I have requested her relative to take her their home still my parents came. when i Went to get curries, while I return they left the home with KID along with gold and silver ornaments and cash. Next day we went to their relatives house but she left to her native place. She didn’t return after several requests, I have filled case, after several request police has taken case, my wife family came to station and started abusing I have illegal connection with girl ( when I am in college I love one girl, due to cast issue t hasn’t worked, same I have intimated my wife before engagement). and I have injected virus to her, I have showed reports to police but they just money eaters and started advising me to get the child and divorce.
their advocate and my wife asking money to give child. after all I have filed the case for custody and divorce, after several arguments from December to May 2013, as per their affidavit Judge sent me to AIDS control to get confidential report about my HIV status, report came but Judges shuffle happened. Incharge judge has taken two months and reserved the orders, after that main family court judge came and he took two months and reserved the orders.
On final orders day opposite advocate came and said objection and took one month time. (since Jan respondent not appeared in court, since May their advocate also not attended case).
They filed maintenance case but we have no intimation just giving one date judge made us experty.
recently as suggested by Judge i my family went to see the kid, we have requested to visit pediatrician as KID is not healthy, but she and her brother requested money as they are not care takers for my son, simply pay money and take the kid deal they were taking, in that there is small quarrel happens and they filed the case against my family under 324, off course we got the bail. after explaining the truth.
I am most worried about KID health, as he is living with aids patients. Please help me how can I close this. I am loosing hope day by day as it's really painful leaving alone from my kid
FYI, i have proofs that they have taken cash and Gold and silver ornaments from home, proof as they forced me to file the case, all the medical proofs, they confirmed in their report Her father and Mother have HIV before wedding.
Devajyoti Barman
(Expert) 14 October 2013
Highlight these points by filing a petition u/s 151 cpc and ask for temporary custody on urgent basis. If court rejects then go to high court on urgent basis.
ajay sethi
(Expert) 14 October 2013
what is the medical report of your HIV status . ? if your wife and her advocate have remained absent continuously since May 2013 draw attention of the court to said fact .in her absence also court can pass orders on your application .
better arrive at an amicable settlement with wife . if your wife is willing to give you custody of child on payment of reasonable amount do so . obtain divorce by mutual consent
Guest
(Querist) 14 October 2013
Hello Sir, my report is Negative, they did PCR test (which is accurate and it will look the HIV virus in cells) that is also negative. Doctors confirmed again as they did test after one year of separation from my wife. so no need to test it again.
Sir, if they were amicable or at least human beings there is no point of going to court.
i never interested to take divorce it's not sin the we can live with HIV person, i felt my fate is bad and in fact if i share this who will come to my life.
when they asked money i said i will pay max 6 lacs, if that is not suffices, i am ok to pay monthly. but their number is too high sir. which i con't.
Nadeem Qureshi
(Expert) 14 October 2013
agree with experts, contact a lawyer personally
Devajyoti Barman
(Expert) 14 October 2013
If you can not pay them money and concentrate in fighting the case.
Guest
(Querist) 15 October 2013
FYI. Fighting the case since one year
what are maximum grounds to avoid the maintenance because, i was earning good since 2012, after this issue i was mentally disturbed and couldn't concentrate on work. at present i am drawing 23K per month as salary take home, i have four wheeler loan,(my knee has issue so doctors suggested to not drive two wheeler). i am doing car pooling with office colleagues where can earn all my fuel expenses of car.
staying in rented house, my mother and father are depended on me, my brother is studying and he is also depended on me.
my father has property at village which agriculture land which is overall income per year is 30k.
please advise.
Guest
(Querist) 15 October 2013
FYI. Fighting the case since one year
what are maximum grounds to avoid the maintenance because, i was earning good since 2012, after this issue i was mentally disturbed and couldn't concentrate on work. at present i am drawing 23K per month as salary take home, i have four wheeler loan,(my knee has issue so doctors suggested to not drive two wheeler). i am doing car pooling with office colleagues where can earn all my fuel expenses of car.
staying in rented house, my mother and father are depended on me, my brother is studying and he is also depended on me.
my father has property at village which agriculture land which is overall income per year is 30k.
please advise.
Devajyoti Barman
(Expert) 15 October 2013
So what is the query???
You are liable for maintenance for your wife and the child.
Guest
(Querist) 15 October 2013
Yes sir, how much i am labile to pay considering above financials.
is there any base calculations.
i am trying to take KID, in that case also do i need to pay ?
Devajyoti Barman
(Expert) 15 October 2013
Yes, the quantum of maintenance should be around 1/4th of your income.
Guest
(Querist) 02 November 2013
thank you Sir,
can you please help to proceed the fast of getting divorce, I don't want to be involved anymore in this matter. i want to concentrate my career.
please suggest.
