Can I have surrogate kid while divorce case is pending?
I love having kids and have strong parental instincts, and tried adoption, but the rules are so strict, that it makes it next to impossible for a single person (especially men) to adopt!!!
BACKGROUND (Hindu Marriage 2008) :-
HUSBAND: Partially handicap due to accident, now has a rental income of Rs. 12000/Month, from Goa.
WIFE: Class- 1 Officer, Rs. 82,000 Salary, has a luxury flat in Lokhandwala, and is the only daughter, so she will get other two flats owned by her very old parents in Nasik. + gets Government accommodation for FREE !!!
DAUGHTER: 7 years old, maintenance amount Rs. 3500/month
ISSUE:-
- Just because I am partially handicap after the accident that I had in 2002, I have many limitations in travelling long distances, let alone travel for Divorce case every month.
- After the birth of daughter, wife left (2010) back to Nasik, as later we found out that she was forcibly married against her will, as she had a North Indian BF from different caste/religion.
- Requested her to get back with us, but after 3 years of desertion, in 2013, I filed for divorce, but as we know that all the judges are instructed to give leniency towards women under the name of “WOMEN’S EMPOWERMENT”. So apparently she has put a stay on divorce filed in Goa by Mumbai HC, saying that the divorce case be transferred to Nasik, and even in 3 years the court is not competent enough to decide if the case should run in Goa as the husband is partially handicap (with Doctors certificates proving it), or it should be transferred to Nasik to consider a women’s SO-CALLED convenience.
- And before filing for divorce (in a pre-divorce meeting/phone conversation), wife threatened that she will challenge the divorce till SC and drag the case for next 15 years or more, unless I pay her Rs. 25 lacks, for her Mumbai flat.
- 3rd sources have revealed that her situation is: “Gali ka kutta ….. na ghar ka na ghaat ka” … as the BF for whom she left her matrimonial home ......... also left her, so she is taking revange as I refused to accept that cruel women back, as she tortured me and my old parents.
- IRONY: Just because she has been teaching bad things to our daughter about me and my parents, even during the visitation we had, the daughter is not happy to meet me or her grandparents. So finally not to see our daughter to go through all that hardship and getting her brain poisoned, I have given up my custody rights.
QUESTION: Now the divorce TRANSFER CASE itself is not getting sorted out from last 3 years, so say, next year they decide that the case will stay in Goa,..... and again if she challenges it in the SC, I think it will be a long while before I may get divorce or otherwise pay her Rs. 25 Lacks which I dont have. So unless I don’t get divorce I cant marry again, but at least in the mean while, can I have a SURROGATE KID? (NOTE: Before in the next parliamentary session the Surrogacy bill gets passed through, after which there will be a waiting period of 10 months, for those who are in the middle of the process, so I still have another 1.5 years or so before the bill comes into effect)
QUESTION 2:-
DOUBLE IRONY: Now recently she has filed another case for injuncion on my parents property, to claim rights of her daughters share in that property, as well as her rights into it, if she gets divorced, based on Marriage Ammendmend Bill 2010/2013. Can she claim rights on my parental property as well, as the rented house I have is in my parents name?
NOTE: My parents and sister, are willing to take care of the expenses, of a surrogate kid, as compared to paying Rs. 25 lacks to the greedy wife, who has everything, but still thinks that she can grab more, by misusing law/rules under the name of WOMEN’S EMPOWERMENT !!!
Please guide and God bless you all.
Rahul Malw*nkar.