hello everyone,
my wife filed a DV case against me in march 2013. after one hearing we mutually applied for mediation. in the mediation all disputes were setlled and judge granted Rs.4000/- per month to my wife for personal expenses.
The mediation copy was then submitted to the judge on the next hearing date. then judge gave my wife 2 months period to stay at my home and see whether she wants to continue to live or not.
but she again went to parental home after staying 10 days at her metrimonial home. Then in september 2013 we came to know that she is having TB. Because of that she was staying at her parental home for the last two years. In between two years she stayed at my home for two months in december last year 2012.
whole thing was clear that in order to conceal the facts that she is having a communicable disease all things like DV was done on me and my family.
she is having a MDR TB ( multiple drug resistant TB).
Now the main thing is i am concerned about the health of my kids. i have two kids age 3.5 and 1.5 years
as they have stayed with her from the start of the disease and still they are living with her at her parental home. as per the doctor they might be infected with the same disease that she is suffering from.
now my question is can i get the temporary custody of my kids till the time she gets alright. currently she is at her home as per the judge direction. judge gave her 5 months ( till 21 feb 2014) more time to cure her disease and stay at her parental home. court did't gave any direction for the health of the kids which might get suffer.
i pleaded the court to allow me take the responsibilty of the treatment of my wife but she should stay at my home for that but my wife denied it and asked court that she wants to continue the treatment at her home. beacuse of that the DV mediation agreement got cancelled.
can anyone please suggest me how can i get the kids back from her so they are not get infected by the disease because TB is highly communicable .
Please advice what should i do to save my kids future. what should i file in the court to have them back temporary for at least 6 months.
Please advice its urgent thanks
