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shyamvenkat (sss)     29 October 2012

Child abduction

My wife has taken my 7 years 8 months son to India and decided not to return to Dubai. She wants to study further in India and is getting financial and moral support from her parents and sisters. She has never informed me of her plans of not returning to Dubai  while travelling to India.Her father even claims that the mother is the legal guardian and she can sign for her admiision in a school and my signature is not required. Her father also tells me that she will not return anymore.She is allowing me to speak to my son on phone and also will allow me to see my son when i visit India.

How can I bring my son back to dubai ? What action Do I need to take.

If i file a case I know that I am going to lose. So what other options are available. Please help



Learning

 15 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 October 2012

Don't be so defeatist. What makes you so sure that you are going to lose. On a 7 year old child Mother has no greater right than the father, they are absolutely on the same plane, the court would decide custody keeping in mind the welfare of the child. 


Bharat Chugh

Advocate Delhi

stanley (Freedom)     30 October 2012

I presume your son must have been schooling in dubai .In case she applies for admission the new school would ask for your sons leaving certificate does she have the same . On a 7 and a 1/2 year child her father claims are irrevalent you can file for child custody and the court would decide this taking welfare of the child into consideration . 

Rahul Kapoor (Legal Enthusiast)     30 October 2012

you are the natural guardian of your son .. you have some powers..

shyamvenkat (sss)     30 October 2012

Thanks all. Yes He was doing schooling in  Dubai. Since I am the natural guardian can i go to the new school where he will be getting admission and challenge the Principal in showing up the application document to me which was signed for his admission. Maybe they will copy my signature.

Also I want to teach her father a lesson once and for all. how can i do it ? 

Now at this current situation I am keeping quiet to give some time. Do you think it is OK to keep quiet for sometime and then start my Action.

can you also let me know the powers I have as a natural guardian.

stanley (Freedom)     30 October 2012

Challenging the principal will ruin your sons carreer . 

Wait watch and act with a cool sensible mind . As you have to balance yourself between your job and these issues .

shyamvenkat (sss)     31 October 2012

She has not picked up my Son's school Transfer Certificate from his current school in Dubai and looking for admission in a school in India. i know she will manage somehow to get him admitted without the Transfer certificate.

What is my next course of action. Shall I wait and watch what they do.

It is almost decided that she will not return as I spoke to her and if she doesnot get into her Phd course and the son's school admission then there is chance of return for her to Dubai. BuT i see the chance  very remote because she seems to have got a word from the College in which she will be doing her Phd.

Pls let me know my next action as I am really shattered and donot know what to do. I think I will lose my son forever as He is more of a mother's child and he has got very liitle affection for me. May be one day he will realise. But he is just 7 years 8 months ( Grade 2 ) so I think chance are there that he will eventually forget me.

 

 

shyamvenkat (sss)     31 October 2012

Shall I just wait quietly and watch what they are going to do. Hope its not too late for me.

.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 October 2012

Dear Sir,

 

Now that the son is not with you. You have two options either to banish the thought of getting child custody or fight with all your might to regain the custody of the child.

 

Just crying yourself hoarse is not going to help.

 

Regards,

 

Shonee Kapoor

4 Like

shyamvenkat (sss)     01 November 2012

Just a stupid question.  Can I not just call on to the local police station and seek their help in finding my child who I know is in his mother's custody and just take their help in getting the child back. I have full right to have my son in my home and whereever I leave. I have receipts for school fees and his school is still going on.Will the police accept this or will the police  ask me to contact a lawyer. I am really wondering about our laws as how strange it is. One fine morning my wife can take my child and just tell on the phone that she is not going to return anymore.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 November 2012

:-) If wishes were horses.

stanley (Freedom)     02 November 2012

Originally posted by : shyamvenkat

Just a stupid question.  Can I not just call on to the local police station and seek their help in finding my child who I know is in his mother's custody and just take their help in getting the child back. I have full right to have my son in my home and whereever I leave. I have receipts for school fees and his school is still going on.Will the police accept this or will the police  ask me to contact a lawyer. I am really wondering about our laws as how strange it is. One fine morning my wife can take my child and just tell on the phone that she is not going to return anymore.

come on wake up the police have no powers as the matter would go to court .use your wits one fine morning you take a flight from dubai to india visit your wifes place by hook or by crook seek thy kids  passports and fly back to dubai with your kids :-). But beware even though you might be the sponser of her visa she may land up in dubai on the next flight and again the tussle starts .

1 Like

shyamvenkat (sss)     02 November 2012

Thanks Stanley and Shonee Kapoor. I absoutely agree on both of your views. Yesterday my son called me to inform that he got admission in a school. Also he was taught by somebody to tell me that he will be visiting Dubai during vacation which i donot trust as I donot trust anymore my wife who has repeatedly cheated me.

I also spoke to her yesterday and she told me that she doesnot have  a job now and have got my son admitted and I should inform the Dubai School about this. She also told me that she will send my son during vacation and also wants me to resettle in India.

shyamvenkat (sss)     03 November 2012

What  is the next step now to do ?  I cannot sit quiet like this.

Let me start the fight. What is the first step.

stanley (Freedom)     05 November 2012

Appoint a lawyer and fight for custody of the child .


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