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(Guest)

Can i have surrogate kid while divorce case is pending?

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:-

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.



Learning

 8 Replies

Kumar Doab (FIN)     01 September 2016

Your marriage is subsisting!


(Guest)

That means that I will have to spend the rest of my life at the whim of my wife and be at her mercy or pay her Rs. 25,00,000 (Rs. 25 Lacks now, which earlier she was asking Rs. 45 Lacks) to give divorce. How is this not a form of " Reverse-Dowry " case from womens side, which ironically is legal in the eyes of the law?

 

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?

 


(Guest)

Dear Ramesh Sir,

Its not about eligibility, as I know hundreds of single people who have had a surrogate kid, and recently you must have heard about Tushar Kapoor, who also had a surrogate kid.

The only Eligibility that one needs is the: Parental Instincts and resources and strength to raise a kid !!!

QUESTION: Keeping eligibility aside, can I have a surrogate kid, when the divorce case is pending, and which may intentionally get prolonged for many many years?

 

Thanks again. Rahul.

Sidharth   01 September 2016

presently there is no law related to surrogacy, so ofcourse you can.

Sidharth   01 September 2016

Originally posted by : Rahul

That means that I will have to spend the rest of my life at the whim of my wife and be at her mercy or pay her Rs. 25,00,000 (Rs. 25 Lacks now, which earlier she was asking Rs. 45 Lacks) to give divorce. How is this not a form of " Reverse-Dowry " case from womens side, which ironically is legal in the eyes of the law?

 
Answer : All Mrs 498a demand anything nonsense you dont worry. No need to give a single penny. Sooner or later she will become uncomfortable with these cases and will agree for mutual divorce.

 


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?

Answer: No, Never.. SC has said hundereds of time that daugter in law has no right in in-laws property.DONOT WORRY!!

 

 

Sidharth   01 September 2016

@Rahul

 

I think either your bitter half is trying to pressurise you for money extortion or her lawyer is exploiding her financially thats why she fied this non-sense case.of share in property

innocenthusband   01 September 2016

Originally posted by : Rahul
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.  

 

When you applied for divorce under cruelty, what did the judge say? Apparently his judgement did not suit your wife, for which she approached HC. 

How many times did your lawyer approach the HC for a final call on the proceedings - whether to be transferred or not? 3 years is a very long time to have spent without any progress. 

innocenthusband   02 September 2016

Originally posted by : noname_123
So you get 12,000 /month. Your wife makes 82,000 / month. Why have not claimed maintenance using hindu marriage act?

Since you are disabled, there is high probability that you might get maintenance. Once court orders maintenance, your wife might just give you mutual divorce and go away


Yes, you can have surrogate kid. No law prevents you from having it at present

 

Only possible if he does not earn anything. If he earns even a single rupee, reverse alimony won't be granted.


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