Hello experts!
We lived in USA for around 14 years and returned to India recently. My wife and I were married for 15 years and have a child who is 9 year old. My father-in-laws family had benefitted financially from my help over the years and has misused the help. After realizing the misuse, I have stopped any further financial assistance to them. Right after stopping any financial gains from me, my in-laws have started interfering and creating rifts between me and my wife.
Upon return from USA, my father-in-law came from their town and took my wife away promising in front of few other people in Bangalore that he will bring her back in about a weeks time.
After reaching their home town, my wife stopped responding. In about a month's time, she filed a Conjugal Rights petition claiming harassmennt, abandonment etc and that I should take her back. She also failed another petition for Maintenance under CrPC 125 claimining exhorbitantly huge incomes.
My son continues to stay with me during this period and he is also attending a school here. He is having his own troubles adjusting to the new social structure, culture, weather and school. He is seeing cousellors to help him out adjusting to the new environment. As such, I am spending lot of time to take care of him and his needs apart from my regular job.
In addition to the above two petitions, my wife has also filed petition under Guardianship act claiming that my son lives with her because he has more love and affection towards her than me, and that he is continuing to live with her. She also claimed that I am forcibly trying to take him away either to Bangalore or USA and would ruin his life and career. She may have done it, both to claim a higher maintenance and to keep my son with her.
I am in a very bad situation because I am new to India (having returned from USA just 5 months back), and to work. Being a technical job, my job requires significant ramp up and hence can not travel to a remote place every month to attend the court cases. Secondly my son is attending school, and he wants to stay only with me. He is also going through couselling to get himself comfortable with the transition from USA to India.
I am ready to fight all the cases. My wife lives in Andhra Pradesh in a remote area. She is currently not employed and her father is a retired government employee. It would actually take 2 days to travel to their place and it would take away atleast one week for every visit. I live and work in Bangalore, Karnataka.
My question is, is it possible to approach Supreme Court requesting them to transfer the petitions to Bangalore court on the grounds that 1) I work here, new here and have my responsibilities towards my work 2) Child is young, 9 year old and goes to school and going through couselling etc. 3) That she is currently unemployed and her father is retired and it would be easier for them to travel to Bangalore than me and my son. Can there be some grounds to achieve this ? Has there been any precedence for this kind of petition ?
Thank you and appreciate all your opinions.
