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Saurabh Sharma   22 April 2017

Divorce

My mother is a fourth stage cancer patient , my father left us 8 years back. 2 years back he filed a divorce case on my mother in kanpur because he wants us to struggle. My mother is in delhi getting herself treated since last 3 years due to which she was unable to come in the case hearing except for first 2 or 3 proceedings. But now we suddenly came to know that the case is going through x party proceedings in the favour of my father which has shocked me and my mother. My mothers lawyer didn't informed any of this to us ever. So now we are in a big trouble as my mothers costly treatment is based on the medical card which was provided by air force because my father was in air force earlier. If the divorce is granted she will not get any benifit in her medical treatment in future. Please somebody help us please.


Learning

 6 Replies

Sachin (N.A)     22 April 2017

File a case u/s 125 CrPC for maintenance where your mother resides.

For divorce case:

Appoint a lawyer and file application for set aside of exparty order and also application u/s 24 of HMA for maintenance along with medical records of your mother.

Kumar Doab (FIN)     23 April 2017

You may think upon Changing  your lawyer and act ASAP.

marriedman   23 April 2017

I got married 2.5 years back... till now me and my wife did not have any s*xual relationship because she doesn't want to have s*x... now we r seperated for 1 year due to fight, the reason for fight is she wants to go for a job... and I wanted to get divorce... under wat condition can I file for divorce and how the rules is now under this condition... Im having a 5% knowledge under consummation law... can any one help me

A walk alone (-)     24 April 2017

You should Appoint a lawyer and file application for set aside of exparty order and also application u/s 24 of HMA for maintenance along with medical records of your mother.

Saurabh Sharma   28 April 2017

sir she is already getting maintenance allowance, because she won the case for that in 2011 much before she got cancer. I will definitely change the lawyer and file an application for set aside of exparty. But my concern is that court still hasn't given the exparty order but it is in proceeding and as per my lawyer we cannot file an set aside application before the exparty order is finally done by the court, also he has told us that he can only try for through call on next date. i dont know what that means and he has said that there is no need to bring my mother to the next hearing. what should i do.

Kumar Doab (FIN)     28 April 2017

Just to add: Cancer patients get grant.

Did you try for it!


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