You can accompany your son to Ranchi
if son cannot afford legal fees apply to district legal aid centre for legal assistance
My son is a deaf and dumb person living in West Bengal. He is in service and earning a petty sum of Rs. 8000/= per month. His wife is a normal lady and left him 7 years back. Now she is a Yoga teacher at Ranchi. She gave birth to a girl child when she was away from my son. Now she has filled a maintaince suite at Ranchi Family Court. My son can't go alone to Ranchi. He has two more brothers both are deaf and dumb. Myself and my wife are senior citizens. My another son is married to a deaf and dumb girl. We rarely go out from our place and travelling do not suit us. My son's income does not allow him to appoint a lawer who can represent him in the suite. What should he do in the above circumstances.
You can accompany your son to Ranchi
if son cannot afford legal fees apply to district legal aid centre for legal assistance
- Every court has its legal Cell .
- From there your son should approach a free lawyer for contesting the case.
- If, your son will not appear before the court in Ranchi personally or on behalf of any lawyer , then the court will grant ex-parte maintenance in favour of her.
- Your case is very critical , and sympathetic , she will not get a single penny from him .
- Better , take help from the legal cell and represent him through a lawyer and thereby file a detail reply after narrating all the true facts .
- And , also move an application for exemption from personal appearance of your son on the ground of his inability of appearance.
- Dont worry , your son will get relief from the Court.
He needs to appoint lawyer or apply to legal aid in that court for free lawyer. But if doesn't represent then exparte orders will be passed without your son for maintenance. He can oppose the maintenance on basis of she being warning well. But he needs to provide maintenance to his child as per law
You need to inform the court of all the facts and circumstances including the wife's adultery act, plus your son's ailment which has documents of doctors if all can be provided and be submitted to judge , the wife will not get maintenance and as your son is blind, he can apply for transfer of case from ranchi to kolkata, it will a big blow for the wife.more details needed to guide better.
1. In any case, you shall have to contest the matter beforev the Court.
2. You can file a petition beforev the Supreme Court praying for transferring the case to your place since your son is not capable of travelling to Ranchi to contestv the case.
The Indian Constitution has provides for a right to legal aid, under which citizens are entitled to free legal aid by the government. Free legal aid can be sought from the National Legal Services Authority (NALSA), various State Legal Services Authorities or District Legal Services Authorities, which were set up under the Legal Services Authorities Act, 1987.
An application can be made by any person in need of free legal services to the concerned authority or committee by sending in a written form or filling the forms prepared by the authorities, briefly stating the reason for seeking legal aid. The application is available free of charge.
Respected sir...
As facts mentioned above you must approach the legal aid of that court they will provide you the legal assistance and he will represents you in above mentioned case... And if your son wants to be her then it's ok else you must have to file A divorce petition under section 13-A of HMA that will too make a pressure over her...
Thank you
See presence in court is required your son can file an application for legal aid before the committee or can appoint a junior to contest the case as the case needs to be contested before the court.
You need to find out an advocate who can raise the question of the the biological father of the girl child since her but his at the time when she was not living with him this question can be raised and the court will order the DNA test in this regard before allowing any maintenance also submit your medical papers of insanity in the court in this regard to prove your points
Request some SC lawyer to file trasfer petition in SC. or appear in court once and submit application informing your inability to appear in court due to mental incapacity.
Child belongs him or not ?
If he's unable to hire a lawyer he can take a lawyer free of cost by approaching district legal services authority.
They provide free legal aid to such destitute litigants.
Let him appear before court and express his inability to provide her maintenance for the reasons he may rely upon.
Sir
If your son cannot pay the litigation charges due to his income then you can approach legal Aid cell of your district to appoint a lawyer to represent your son.
And you can approach High court of west Bengal and file a transfer petition to transfer the case to your district on grounds of condition of your son.
Also he can file a counter claim on her for maintenance to him as he is disable to earn a good amount.