Please help, urgent.

Originally posted by : A.N.VERMAS
	I AM ALONE IN THIS WORLD WITH A BLOOD CANCER CHILD OF 8. WIFE GOVT TEACHER AND EARNS 50000 PER , moNTH. She deserted us 3 years ago  due to the child's disease. then I had had applied for divorce. She went to p&h high court chandigarh to transfer the cas yo her city. Judge ignored all the facts, medicale certificates , her income proofs and decided the case in her favour. Now it is impossible for me to fight the case at bathinda which is 130 kms from me. I want to go supreme court to challenge the high court decision. 1. Suggest me some good expert lawyer.   There is no thing called as good expert lawyer.  Getting good lawyer is like getting good wife.   2. I cant spend much fee as I have spent all on my child ?   3. Do I have to go to delhi on every hearing ?   4. What can be the nominal fee ?   5. How much time this case may take ?   6. What else should I do ?   4. Can supreme court change the decision ?   5

Hire some comepetent lawyer.  He should attend your case regularly.  You have not come out with clear facts of case.  Explain in detail for better reply.

 A very pathetic query to go through. Deserting not only her husband but also a child affected with blood cancer, I strongly feel she is not a woman in nature.Whatever has happened in the lower court,whether positive or negative, now U have to fight it out on merits from UR side.130 kms is very near than running to SC.It will be very expensive.Hence engage a competent lawyer at Bhatinda and fight UR case.

This is empowerment of women. She is so empowered that her child even is not an attachment for her. She is really a poor woman without love, affection & a motherly character. 

 

First you decide what exactly you want. If you fight against the transfer order, you will definitely loose all your focus from the main petition & also would loose your precious time & money.  Though your counsel can represent & take on the proceeding independently in the Supreme Court, you need to pay a hefty amount which you can use towards the treatment of your child.

 

Hire a good lawyer at Bhatinda & fight the case on merit. 

Don't waste Ur valuable time and money, just concentrate on fighting it out at Bhatinda. U have a child suffering with blood cancer and U have the responsibility of his future.

yes its not clear from your query come with real facts of the divorce case

now both want to separate legally then why she filed for transfer and what is she expecting from you

why is she contesting and for what

already she left 3 years back and what she want

why have you not asked for mutual consent divorce were both parties get divorce in less time happily and about contesting transfer petition in supreme court is very hefty amount involved

"This is empowerment of women"

 

My concern is whether that woman is only the culprit ? - I don't thing so.

 

The real culprit is the Indian Judiciary System those are creating these culprits.

Indian Judiciary System has become inefficient to give justice to innocents.

India need gender equality, enforcement of the law, proper education among people to stop crimes. But Indian Judiciary System has failed to do this.

In order to hide aforesaid failure, They have created biased laws.

 

The following links might be helpful to you -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Dear Querist,

Do act as advised and  fight UR case

Your wife deserted you and your child with leukemia. She did not apply for divorce. You applied for divorce. Why did you apply for divorce? Did you expect maintenance from her for the sick child because she is employed with a good salary, or do you want to remarry? What was the decision of the high court judge in her favor? What exactly was the decision? Was it only transferring the case to her city? My suggestion, if it is worth anything, will depend on your answer to my questions. Otherwise I suggest that you forget the case and concentrate on taking care of the child. If at all you get a favorable decision from the court, which will really help you, it will be too late in coming. Has she filed a case for maintenance against you?

Dr.Ramani's opinion also has a lot of substance.I presume the querist after so many opinions has not come out with the true facts.I am not disputing his query,but he is hiding some facts.

 MY WIFE WAS ALWAYS PROUD OF HER EARNINGS AND SHE NEVER SPENT HER SINGLE PENNY ON MY FAMILY. I AM ALSO WORKING AS LECTURER. ALL HER SALARY SHE ALWAYS GAVE TO HER PARENTS. SHE NEVER USED TO DO ANY KIND OF DOMESTIC WORK. SHE USED TO SAY THAT EARNING LADIES DONT  PERFORM ANY WORK. WHEN OUR ONLY SON CAUGHT IN BLOOD CANCER AND DOCTOR GAVE NO ASSURANCE OF HIS LIFE. SHE INSISTED THAT SHE DOESNT WANT TO LIVE WITH US. I IMPLORED HER 5 MONTHS THAT NOT TO LEAVE US. BUT HER LAST WORDING WAS " I CANT SPOIL MY LIFE FOR A DISEAED CHILD." AFTER HER DESERTION I WAITED FOR 2 YEARS, SEVERAL TIMES TRIED TO BRING HER BACK BUT SHE DIDNT AGREE. EVEN SHE COMPLAINED TO POLICE AGAINST ME BUT SYMPATHETICALLY POLICE FAVOURED ME AND REJECTED HER PLEAS. SHE INSISTED ON DIVORCE BUT I ALWAYS REFUSED. MY MIND BECOME HARD DAY BY DAY.  I SPENT VERY WORST TIME WITH THE CHILD BUT SHE DIDNT COME BACK. IN THE MEANTIME TREATMENT OF THE CHILD COMPLETED. NOW THE CHILD IS ON OBSERVATION. THEN IN THE END I APPLIED FOR DIVORCE. THERE IS A GREAT TERMOIL IN MY WIFE'S FAMILY NOW. NOW SHE WANTS TO COME BACK. BUT NOW I CAN DIE BUT NEVER SEE HER FACE. I SPENT 17 LACS ON THE TREATMENT ON MYCHILD. NO CHARM FOR MONEY NOW. EVERYTHING IS FINISHED.  WHO CAN GUARNATEE THAT IF THE CHILD AGIAN GETS SICK SHE WILL NOT LEAVE US ? ONE OF MY FRIEND IN ABROAD WANTS TO ADOPT MY SON FOR HIS BRIGHT FUTUTE. BUT MY WIFE DOESNT GIVE HER CONSENT. SO I NEED MUKTI FROM HER.  JAB USKI APNI MAA, MAA NA BAN SAKI TO DOOSRI KA TO SWAAL HI PAIDA NHI HOTA. I WILL NEVER GO FOR SECOND MARRIAGE.    I WILL ALWAYS FIGHT FIR THE LIFE OF MY CHILD TILL MY LAST SIGH.     

 

ALWAYS MEN ARE NOT WRONG SIR...........

I think at this stage speedy proceedings of your divorce case by using 21-B of Hindu Marriage Act might work.

 

You can file a writ petition (Article 266 with Hindu Marriage Act) and submit all of your circumstantial evidences/events and pray for speedy proceeding and to give direction to the matrimonial court to dispose of the matter within 6 months from the communication of the order.

 

Your submission will be recorded in the HC order along with Speedy proceedings order/directions that will work as evidence during the actual speedy proceeding in the matrimonial court. 

 

Please plead this case in-person in the High Court.

 

Once you get the HC order then hire a local lawyer in that jurisdiction / district where the case has been transferred and make him power of attorney of your case. You need not come every day.

 

 

The following posts might be helpful for you.

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=3#.VST2lNw72_Q

No don't try to misunderstand us, as per UR latest  feedback it is deemed that she shall not come back to U.OK, then my final verdict is to settle the matter ASAP

My opinion is - staying with these kind of women is all always a high risk.

 

Please make speedy disposal of your divorce case.

 

This is your life - If you don't wish to stay with her then Indian laws have no power to enforce you. 

 

 

If she forces to come, you can make police complain against her.

Sir what can I do ? I m the unfortunate father. Everything was clear to judge though he transferred the case. Can we believe in judiciary ?