LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Neil   07 April 2016

Handicap husband

Hello Experts,

I am physically handicapped suffering from a rare brain disorder which got detected last year, when my wife came to know about this, she started drama and finally went to her mothers place since almost 12 months now, we got a couple of notices from CAW to which we responded with my medical proofs, and now my wife had filled a DV case agsnt me, so request you too please let me know what should i do in this case, there are many false allegation in her case, so now what should I do please please reply experts. Can I now file Restitution of conjugal rights? as she has filed DV case.

Request you too reply.

Thanks in advance,

N.



Learning

 37 Replies


(Guest)

Whether you became physically handicap before marriage or after marriage

What is diagnosis in medical terminiology. This will help us to understand and guide you. .

Personal cases required to be handled in both ways , medically , legally , psychologically. So just replying legal query is dangerous.

Since to determine personal law please specify religion ,details 

Neil   07 April 2016

Originally posted by : Captain
Your medical issue is different, she filing DV is different.  If she has filed DV what sections she has asked relief under?

What does she want?

You filing RCR can help you get divorce, thats the only use of filing RCR and nothing else, she wont come back and cannot be forced by court to physically join you.

 

 

the sections are 12 of the Dv act, and Sec 23 of interim ex-parte orders.

Neil   07 April 2016

Originally posted by : Madhu
Whether you became physically handicap before marriage or after marriage

What is diagnosis in medical terminiology. This will help us to understand and guide you. .

Personal cases required to be handled in both ways , medically , legally , psychologically. So just replying legal query is dangerous.

Since to determine personal law please specify religion ,details 

I was deteced by this disorder after my marriage, Medical terminology says, its a rare brain disorder.

I am Hindu, please let me know what more details you want, Thanks.


(Guest)

Dear friend, I think you became handicapped after marriage,because of this a wife having materialistic thinking lowered you in all respects and demanded DV and from your side RCR . For more effective openion please provide details on the following points.

1.Whether your earnings stopped after physical incapacity (Handicapped).

2.Which religion you belong to.

3.Your present  age and wife's age and issues after marriage.

4.Whether wife is doing any job and earning.  

Please reply early: Thanks 

Neil   07 April 2016

Originally posted by : Rashid Shah Nazir Shah
Dear friend, I think you became handicapped after marriage,because of this a wife having materialistic thinking lowered you in all respects and demanded DV and from your side RCR . For more effective openion please provide details on the following points.

1.Whether your earnings stopped after physical incapacity (Handicapped).

2.Which religion you belong to.

3.Your present  age and wife's age and issues after marriage.

4.Whether wife is doing any job and earning.  

Please reply early: Thanks 

A.1) Yes

A.2) Hindu

A.3) My age : 34 years wifes age 33 yrs

A.4) She was doing job before marriage, as I cannot go out of home anymore so, I have no idea about her current job status.

Thanks in advance,

N.

Neil   07 April 2016

Originally posted by : Captain



Originally posted by : Neil






Originally posted by : Captain



Your medical issue is different, she filing DV is different.  If she has filed DV what sections she has asked relief under?

What does she want?

You filing RCR can help you get divorce, thats the only use of filing RCR and nothing else, she wont come back and cannot be forced by court to physically join you.

 

 





the sections are 12 of the Dv act, and Sec 23 of interim ex-parte orders.





Sec 12 calls for compensation for damages, and 23 for exparte orders, ur wife will get what she has asked for under this act without court not considering your side of the story.

 

If ordres are not favorable to you, you can go for appeal in sessions court against it or in HC, best is go for appeal in sessinos court itself.

 

With help of medical records you can inform court that you are not enjoying good health, this can be made basis for rejecting her compensation claims, as you will not be able to earn money if at all you go for setaside of order to sessions court.

 

You are in trouble and your wife wants to trouble you more?

I suggest you to file divorce under mental cruelty.  BUt before that you file RCR, asking her to come back to you as your health is not good.  If she wont come you win RCR, based on it file divorce petition.

 

See if she agrees for mutual divorce, its best for all, in 6 months you get divorce.

"Sec 12 calls for compensation for damages, and 23 for exparte orders, ur wife will get what she has asked for under this act without court not considering your side of the story."

sir can you please explain the above scenario, please sir in detail

she had already filed for Dv so now can i file for RCR, please advise?

Thanks in advance.

N.

Kumar Doab (FIN)     07 April 2016

Advised in detail.

Engage a senior and seasoned lawyer.


(Guest)

First thing --- It seems you have developed Some Neurological Disease , Since you have not taken name so I can not make it out (Most diseases are rare and beyond scope of even understanding by common MBBS Dr, They max. if at all knows the name or some time they don't know that name too)

Second thing --- Sorry but to be bold , some where I too had neurological complication , and of your age only. This disease at this age don't go and you have to adjust with it for remaining life , And it becomes very trouble some for anyone to understand even your close relative etc. So instead of supporting they keep on criticizing or talking or explanning philosophy of life without even understanding scientific basic. And it creates lot stress. And problem in relationship.

Third thing --- As time passess you understand limitation (I don't know about you but in my case some limitation are there for lifelong now) , So to move ahead and to take new type of proffession, developing new skills within the scope of your limit is and should be goal for life now. I too had to sacrifice some thing which I never had thought of , but took decission with reality I have to live better I move my proffession , change work, try to earn from different skilss which may be even  not allowing you to go out of house etc. I think it is called Occupational thearphy who guide patient to cope up with limitation etc. This is what they had recommended me once.

Fourth -- Once you are bit ok ,or depends upon percentage of efficiency then you may be able to regain confidence and others too may regain confidence ( This achivement takes lot time , it is not easy that if you decide and do it today only or withing 1 month , it will take time)

Fifth -- As this is your first year , if time passes you may face more stress and tension but you have to face them there are many people with rare disease and they have social group on facebook etc where you can share thoughts and understand progress of the disease and coping up ability ( When I suffered first case in medical journal was published in India , Now you understand what you can expect , even Dr. where donkey who did not understand iota of disease) 

Sixth --- When you say your wife age 33 , She or your in law may be practically thinking about next 30-40 years for her and be bold enough the way the people reject boy or girl at looking at time of marriage so similarly they have entered phase and taken bold decission to leave you some where and you need to accept the reality. More you pressure for her to stay more she will harass you. 

Seventh -- There is no place for one sided love, Divorce is  common and they may have made mind to leave you ,in their sub conscious mind. So be bold and accept reality of life and take decission

Eight ---- I am not good in personal issue because whenever i say anything on personal issue regarding matrimonial i only get negative effect because it is less about law and more about philosophy how you look at it. 

Ninth --- I feel you talk to with your spouse and in laws about future of marriage with cool mind. If she says or in law feel they should not continue with this relationship of marriage give them permission that you are ready for Divorce with mutual concent and all cases they should withdraw You decide with help of friends and proffessional how to live remaining life. There will be some one who can undetstand you better and your situation

Tenth --- Sticking to relationship where one person have decided to exit is more harassement because that person no matter what good you do for her she will do things against you and leave you and mentally harass you. 

This world is practical accept it . This is what I can tell as friend to you. 

God has given you acid test may be some thing which you never thought God has planned for you some thing more better. Have faith in him  

 


(Guest)

13-B. Divorce by mutual consent.-

(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the mean time, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.


(Guest)

It seems legally they are taking legal steps for separation , better compromise as per sec. 13B. of Hindu Marriage Act 
 

Neil   08 April 2016

Originally posted by : Kumar Doab
Advised in detail.

Engage a senior and seasoned lawyer.

Hello,

Thanks for the reply, IF you can recommend some of the names for getting the job done, please do let me know.

Thanks in advance 

N.

Neil   08 April 2016

I don't have any money to get things settled, as all of my savings are gone into digaonstics and treatment,

I am a furniture at my home, so better be it in a Jail, so please if you can advise what is the Jail term for the said complaint for the DV act under Sec 12 & Sec 23.

Thanks in advance.

N.


(Guest)

Neil , take help of dist. cell for legal service , telling your circumstances. You can get free legal aid. 

This is long journey you need to save funds to handle such situation .

If you tell state or district ,I can tell you address of it , if you want 


(Guest)

Legal service Authorities act 1987 This can be useful for you to get legal aid

Additional Domestic violence act link attaching https://ncw.nic.in/acts/TheProtectionofWomenfromDomesticViolenceAct2005.pdf

Nothing will happen to you remain bindhas , this is all psycholgical tactis played on you. If your health is not good , Police Officer, Judge all have understanding of situation.

That is why family suits are dealt differently , here it is not important who is right or wrong but how we can do best for couple . And it is couple who have to take decission of life. 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register