LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anna   29 July 2015

Autistic child and wife wants to move out of marriage

Dear Experts,

I would like to discuss about my brother's situation. He had a love marriage 8 years ago and it was inter regligious. My sister in law is Christian. Marriage happened agianst parent wish at a temple and regitered undr Christian marriage act. My nephew is 6 years old now. My brother is running a business and my SIL is an IT consulatnt.  Ever sincce my nephew was born, she never took care of him. He was raised by maid till 3 years old and later afte diagnosing his autism, my parents were raising him at my brothers place. Around teh same time my SIl moved for her job to Bangalore CISCO. After moving there she stopped soming and visiting the kid. She was giving different reasons for not visiting. Initally we didn't relaize this as a big problem. After few months she started to mention that she doens't want a kids or family. She enjoys partying with friend and the luxur life in CISCO. She stopped coming. At this point by nephew's diagnosis went worse. he became very hyper and aggressive and teh Dr suggest both parents to be together to raise the kid. My brother decided to moved r that and she said she will come back looking for a job in Chennai after  my brother moved there in few months, my brother was shuttling between Chennai - bangalore taking care of business and kid. She will leave in at day care all day till night during weekdays and weekend she will go out partying and my brother was taking care of teh kid. One fine morning she didn't like someone asked her taht do you have a kid and she decided to send th skid back to Chennai. Since my brother refused, she quit her job and said she is going to do modeling and came to Chennai where she started torturing my brother for money to attend all different classes like dancing, swimming, gym etc., My brother will drop teh kid at schol in teh morning and she will go to gym, and all other classes and spend time withher kid and not even pick teh kid from school. When My brother asked about the she left the house. Hoever she took the kid with her and said, if you want your kid back give me divorce and 50 lakhs money. Other wise I will file dowry case on you and your parents. My parents gave her 10 lakhs money so far and they couldn't afford more. My brother couldn't focus in his business and she has put the kids in a boarding school where my brother is not allowed to visit. ew weeks back she has filed divorce. She wants money and divorce and she wants to get rid of the kid. My brother is worried if he gives divorce and what if he doesn't get the custody of the kid. What if she decides to do things like modeling / different marriage. My nephew will en up in patheitic situation. he doesn't want to give divorce until he gets teh custoday. However we are not sure what her plans are. Any suggestion. Is there a provision for father to get custody / deny the divorce for the kid with special needs. 



Learning

 8 Replies


(Guest)

Money minded woman, heartles woman.

When she is ready to divorce him for autistic child, ask him to not give single penny to her and fight case till the end and not to worry, she herself will give kid and go. Custody wont be a problem if father of child willing to take care of child.

But as doc suggested, both should be there for benefit of kid future. 

Prayers and wishes.

SAINATH DEVALLA (LEGAL CONSULTANT)     29 July 2015

What to answer if such things happen in inter caste love marriage? Morally she has no right to live in this world,once she has abondaned a child born to her, and legally speaking, she should be taught a lesson of her life,where should not have a chance even to repent for her misdeeds.

Dear querist ask U R brother to act wisely by engaging a good, sincere and a competent advocate and fight her.


(Guest)

It is not intercaste love mariage.

its inter religion.  If lingayat marry gowda it is intercaste marriage.

 

This is hindu marry christian, its inter reilgion marriage.  

What a kind of christian she is God only knows.  Ask her to read Proverbs 31 from the Bible. She is a shame on Christianity.

Dr J C Vashista (Advocate)     31 July 2015

A hypothetical story.

A Christian lady marrying (love marriage against the wishes of parents) a Hindu in a temple as Hindu rites and rituals and getting the same registered  under Christian Marriage Act????

No dispute for 8 years, had a boy child and now mother wanted to abondon the child????

Number of other issues involved in the story

Biswanath Roy (Advocate)     01 August 2015

Facts narrated is confusive and cloudy. Why after compleation of 8 years conjugal life such mal-adjustment occurs? Apprehending there is some missing link.  However, if your SIL files divorce let her be happy to do so and let your brother defend the same legally. On the question of custody of the child possibility of your brother is 80% so don't you worry.

Anna   03 August 2015

Dear Mr. Dr J C Vashista, 

Thanks for reading my post. I am really not sure what makes you think this is a hypothetical story. I am here to share our family pain and request some help to solve this issue. And you may be aware I am a new member in this group seeking some help. I am a working parent with two kids to take care. In this mechanical life as a working mom, I certainly don't have time to post hypothetical story on this blog. I am not a blogger and a person fodn of forums. I reside in USA and was looking for legal advise for my brothers situation. I don't have access to Indian lawyers from here to discuss this issue. I wanted to provide a brief summary of what happended. I am extremely sorry that if this seemed to be a hypotheitical story. Our entire family is going through lot of pain not able to visit the only HEIR of our  family and also about his helath situation. We are struggling to find solution for this issue. 

Once agian I really appreciate your time reading my post. 

Respectfully... ~~ Anna

 

 

Anna   03 August 2015

Dear Mr. Biswanath Roy,

Thanks for reading my post and your answer. As the entire story is very long to explain, I was writing brief summary and whihc seems to be missing details as first time reader prespective. I am sorry about that. I hope your note on custody comes true. Thanks again for the support!

Respectively..

~~Anna

 

Biswanath Roy (Advocate)     04 August 2015

Dear  Anna,

I pleased to note the contents of your post but soory to say views of Dr. Vashista cannot be ignored or otherwise to be looked into. He might have relied upon the philosophical proverb " what it appears may not be in reality ". To create any valid and lawful opinion facts of the case is needed.  But side by side it is to be considered also that the facts related to the query may be confidential and that cannot be disclosed before a public forum.  Offcourse, under such event the querist may write to us either through PM or through our e-mail.  However, I assure you my guidence and advice always in your need.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register