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Wife leaves husband in sickness with children. How to proceed ?


30-Apr-2023 (In Family Law)
Rajesh underwent spine surgery, which resulted in weaknesses in both legs (Wife & they Assumed that he cannot walk in future & Waste) The attitude of wife, their family members changed. later on wife & husband had some telephonic communication problems fight between them. This leaded wife to bring brothers to fight with him. (He cannot move in bed at all ) used all mobility aids -wheelchair walker, elbow crutches, Splints on both legs. They took her & children's 2 years happening. Not seen children till today . No communication from them . (staying locally only) But .. Rajesh family members concentrated on his Rehabilitation process only. Meanwhile Rajesh recovered day by day.(walks around without any support of mobility aids) How can they attack a sick person..?? What he should do now...??questions to mind..?? (What she did all these days ... ?? Leaving sick husband) What measures should he take for future security. Christian Marriage.14 years.2 child. Please suggest & guide me.
Answers (4)

Answer #1
881 votes
Rajesh with the help of friends and family should have lodged a police complaint immediately at the time of attack etc. If he thinks the marriage is broken and there is no reason for him to continue in the marriage then divorce is the best option. Desertion is a valid ground for seeking divorce under the Indian Christian Marriage Act, he can contest to obtain the custody of the children if he wants that.
Answer #2
993 votes
If the wife is gainfully employed and because of husbands post marital health problems and disability she has deserted him and not taking care of her husband, husband can move the court for restitution of conjugal rights and maintenance

--- Advocate C V Srinivasa
Answer #3
809 votes
"Rajesh family members concentrated on his Rehabilitation process only", is the need of the hour. Recovery of the health of Rajesh is good sign of his life.
one must always be conscious about his capacity, capability when he is in distress. Under such condition fighting with wife show that he is frustrated. For all the questions raised the answer is no.
Till Rajesh get recover completely, he must concentrate only about his health. The time is the best healer in the case of Rajesh. Thereafter he can think of legal remedies. Wish him speedy recovery.
Answer #4
835 votes
Sir,

here Rajesh can take protection from police. I am not clarified with your exact problem facing by Rajesh.

Please note that is any other dispute in their family and moreover why is taking that much revenge on him.

Please ask him to take police protection Immediately.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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